CHAPTER 502. HAZARD COMMUNICATION ACT

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-6-food-drugs-alcohol-and-hazardous-substances > Chapter-502-hazard-communication-act

HEALTH AND SAFETY CODE

TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES

SUBTITLE D. HAZARDOUS SUBSTANCES

CHAPTER 502. HAZARD COMMUNICATION ACT

Sec. 502.001. SHORT TITLE. This chapter may be cited as the

Hazard Communication Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.002. FINDINGS; PURPOSE. (a) The legislature finds

that:

(1) the health and safety of persons working in this state may

be improved by providing access to information regarding

hazardous chemicals to which those persons may be exposed during

normal employment activities, during emergency situations, or as

a result of proximity to the manufacture or use of those

chemicals; and

(2) many employers in this state have established suitable

information programs for their employees and that access to the

information is required of most employers under the federal

Occupational Safety and Health Administration's (OSHA) Hazard

Communication Standard.

(b) It is the intent and purpose of this chapter to assure that

employers provide information regarding hazardous chemicals in

the workplace to employees who may be exposed to those chemicals

in their workplace.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.0021. FEDERAL LAWS AND REGULATIONS. In this chapter, a

reference to a federal law or regulation means a reference to the

most current version of that law or regulation.

Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.003. DEFINITIONS. In this chapter:

(1) "Article" means a manufactured item:

(A) that is formed to a specific shape or design during

manufacture;

(B) that has end-use functions dependent in whole or in part on

its shape or design during end use; and

hazardous chemical under normal conditions of use.

(2) "Board" means the Texas Board of Health.

(3) "Chemical manufacturer" means an employer in Standard

Industrial Classification (SIC) Codes 20-39 with a workplace

where chemicals are produced for use or distribution.

(4) "Chemical name" means:

(A) the scientific designation of a chemical in accordance with

the nomenclature system developed by the International Union of

Pure and Applied Chemistry (IUPAC) or the Chemical Abstracts

Service (CAS) rules of nomenclature; or

(B) a name that clearly identifies the chemical for the purpose

of conducting a hazard evaluation.

(5) "Common name" means a designation of identification, such as

a code name, code number, trade name, brand name, or generic

name, used to identify a chemical other than by its chemical

name.

(6) "Department" means the Texas Department of Health.

(7) "Designated representative" means the individual or

organization to whom an employee gives written authorization to

exercise the employee's rights under this chapter, except that a

recognized or certified collective bargaining agent is a

designated representative regardless of written employee

authorization.

(8) "Director" means the director of the Texas Department of

Health.

(9) "Distributor" means a business in Standard Industrial

Classification Major Industry Group 516 or 517 that supplies

hazardous chemicals to an employer who must comply with this Act.

(10) "Employee" means a person who may be or may have been

exposed to hazardous chemicals in the person's workplace under

normal operating conditions or foreseeable emergencies, and

includes a person working for this state, a person working for a

political subdivision of this state, or a member of a volunteer

emergency service organization or, if the applicable OSHA

standard or MSHA standard is not in effect, a person working for

a private employer. Workers such as office workers or accountants

who encounter hazardous chemicals only in nonroutine, isolated

instances are not employees for purposes of this chapter.

(11) "Employer" means a person engaged in private business who

is regulated by the federal Occupational Safety and Health Act of

1970 (Pub. L. No. 91-596), the Federal Coal Mine Health and

Safety Act of 1969 (Pub. L. No. 91-173), or the Federal Mine

Safety and Health Amendments Act of 1977 (Pub. L. No. 95-164) on

the effective date of this Act, or the state or a political

subdivision of the state, including a state, county, or municipal

agency, a public school, a college or university, a river

authority or publicly owned utility, a volunteer emergency

service organization, and other similar employers. The term does

not include any person to whom the federal Occupational Safety

and Health Act of 1970 (Pub. L. No. 91-596), the Federal Coal

Mine Health and Safety Act of 1969 (Pub. L. No. 91-173), or the

Federal Mine Safety and Health Amendments Act of 1977 (Pub. L.

No. 95-164) is applicable if that employer is covered by the OSHA

standard or the other two federal laws.

(12) "Expose" or "exposure" means that an employee is subjected

to a hazardous chemical in the course of employment through any

route of entry, including inhalation, ingestion, skin contact, or

absorption. The term includes potential, possible, or accidental

exposure under normal conditions of use or in a reasonably

foreseeable emergency.

(13) "Hazardous chemical" or "chemical" means an element,

compound, or mixture of elements or compounds that is a physical

hazard or health hazard as defined by the OSHA standard in 29 CFR

Section 1910.1200(c), or a hazardous substance as defined by the

OSHA standard in 29 CFR Section 1910.1200(d)(3), or by OSHA's

written interpretations. A hazard determination may be made by

employers who choose not to rely on the evaluations made by their

suppliers if there are relevant qualitative or quantitative

differences. A hazard determination shall involve the best

professional judgment.

(14) "Health hazard" has the meaning given that term by the OSHA

standard (29 CFR 1910.1200(c)).

(15) "Identity" means a chemical or common name, or alphabetical

or numerical identification, that is indicated on the material

safety data sheet (MSDS) for the chemical. The identity used must

permit cross-references to be made among the workplace chemical

list, the label, and the MSDS.

(16) "Label" means any written, printed, or graphic material

displayed on or affixed to a container of hazardous chemicals.

(17) "Material Safety Data Sheet" ("MSDS") means a document

containing chemical hazard and safe handling information that is

prepared in accordance with the requirements of the OSHA standard

for that document.

(18) "MSHA standard" means the Hazard Communication Standard

issued by the Mining Safety and Health Administration.

(19) "OSHA standard" means the Hazard Communication Standard

issued by the Occupational Safety and Health Administration and

codified as 29 CFR Section 1910.1200.

(20) "Physical hazard" means a chemical for which there is

scientifically valid evidence that it is a combustible liquid, a

compressed gas, explosive, flammable, an organic peroxide, an

oxidizer, pyrophoric, unstable (reactive), or water-reactive in

terms defined in the OSHA standard.

(21) "Temporary workplace" means a stationary workplace that is

staffed less than 20 hours a week. A temporary workplace may be

considered to be a work area of the headquarters workplace from

which employees are routinely dispatched. Temporary workplaces

may include pumping stations, emergency response sites, and

similar workplaces.

(22) "Work area" means a room, a defined space, a utility

structure, or an emergency response site in a workplace where

hazardous chemicals are present, produced, or used and where

employees are present.

(23) "Workplace" means an establishment, job site, or project,

at one geographical location containing one or more work areas,

with or without buildings, that is staffed 20 or more hours a

week.

(24) "Workplace chemical list" means a list of hazardous

chemicals developed under Section 502.005(a).

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.004. APPLICABILITY OF CHAPTER. (a) Except as provided

by Subsection (b), this chapter applies only to employers who are

not required to comply with the OSHA standard, the Federal Coal

Mine Health and Safety Act of 1969 (Pub. L. No. 91-173), or the

Federal Mine Safety and Health Amendments Act of 1977 (Pub. L.

No. 95-164).

(b) Chemical manufacturers, importers, and distributors shall

provide MSDSs as required by Section 502.006. Penalties provided

by Sections 502.014, 502.015, and 502.016 may be assessed against

chemical manufacturers, importers, and distributors for failure

to provide MSDSs.

125, Agriculture Code, the employer is required to comply only

with this chapter.

(d) This chapter, except Section 502.009, does not apply to a

hazardous chemical in a sealed and labeled package that is

received and subsequently sold or transferred in that package if:

(1) the seal and label remain intact while the chemical is in

the workplace; and

(2) the chemical does not remain in the workplace longer than

five working days.

(e) This chapter does not require labeling of the following

chemicals:

(1) any pesticide, as that term is defined in the Federal

Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136

et seq.), when subject to the labeling requirements of that Act

and labeling regulations issued under that Act by the

Environmental Protection Agency;

(2) any food, food additive, color additive, drug, cosmetic, or

medical or veterinary device, including materials intended for

use as ingredients in those products such as flavors and

fragrances, as those terms are defined in the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. Section 301 et seq.) and regulations

issued under that Act, when they are subject to the labeling

requirements under that Act by the Food and Drug Administration;

(3) any distilled spirits that are beverage alcohols, wine, or

malt beverages intended for nonindustrial use, as those terms are

defined in the Federal Alcohol Administration Act (27 U.S.C.

Section 201 et seq.) and regulations issued under that Act, when

subject to the labeling requirements of that Act and labeling

regulations issued under that Act by the Bureau of Alcohol,

Tobacco, and Firearms; and

(4) any consumer product or hazardous substance, as those terms

are defined in the Consumer Product Safety Act (15 U.S.C. Section

2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C.

Section 1261 et seq.), respectively, when subject to a consumer

product safety standard or labeling requirement of those Acts or

regulations issued under those Acts by the Consumer Product

Safety Commission.

(f) This chapter does not apply to:

(1) any hazardous waste, as that term is defined by the federal

Solid Waste Disposal Act, as amended by the Resource Conservation

and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et

seq.), when subject to regulations issued under that Act by the

Environmental Protection Agency;

(2) a chemical in a laboratory under the direct supervision or

guidance of a technically qualified individual if:

(A) labels on incoming containers of chemicals are not removed

or defaced;

(B) the employer complies with Sections 502.006 and 502.009 with

respect to laboratory employees; and

chemicals in bulk for commercial purposes;

(3) tobacco or tobacco products;

(4) wood or wood products;

(5) articles;

(6) food, drugs, cosmetics, or alcoholic beverages in a retail

food sale establishment that are packaged for sale to consumers;

(7) food, drugs, or cosmetics intended for personal consumption

by an employee while in the workplace;

(8) any consumer product or hazardous substance, as those terms

are defined in the Consumer Product Safety Act (15 U.S.C. Section

2051 et seq.) and Federal Hazardous Substances Act (15 U.S.C.

Section 1261 et seq.), respectively, if the employer can

demonstrate it is used in the workplace in the same manner as

normal consumer use and if the use results in a duration and

frequency of exposure that is not greater than exposures

experienced by consumers;

(9) any drug, as that term is defined in the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. Section 301 et seq.); and

(10) radioactive waste.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.005. WORKPLACE CHEMICAL LIST. (a) For the purpose of

worker right-to-know, an employer shall compile and maintain a

workplace chemical list that contains the following information

for each hazardous chemical normally present in the workplace or

temporary workplace in excess of 55 gallons or 500 pounds or in

excess of an amount that the board determines by rule for certain

highly toxic or dangerous hazardous chemicals:

(1) the identity used on the MSDS and container label; and

(2) the work area in which the hazardous chemical is normally

present.

(b) The employer shall update the workplace chemical list as

necessary but at least by December 31 of each year. Each

workplace chemical list shall be dated and signed by the person

responsible for compiling the information.

workplace as a whole or for each work area or temporary workplace

and must be readily available to employees and their

representatives. All employees shall be made aware of the

workplace chemical list before working with or in a work area

containing hazardous chemicals.

(d) An employer shall maintain a workplace chemical list for at

least 30 years. The employer shall send complete records to the

director if the employer ceases to operate.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.006. MATERIAL SAFETY DATA SHEET. (a) A chemical

manufacturer or distributor shall provide appropriate material

safety data sheets to employers who acquire hazardous chemicals

in this state with each initial shipment and with the first

shipment after an MSDS is updated. The MSDSs must conform to the

most current requirements of the OSHA standard.

(b) An employer shall maintain a legible copy of a current MSDS

for each hazardous chemical purchased. If the employer does not

have a current MSDS for a hazardous chemical when the chemical is

received at the workplace, the employer shall request an MSDS in

writing from the manufacturer or distributor in a timely manner

or shall otherwise obtain a current MSDS. The manufacturer or

distributor shall respond with an appropriate MSDS in a timely

manner.

request, for review by employees or designated representatives at

each workplace.

(d) A copy of an MSDS maintained by an employer under this

section shall be provided to the director on request.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.007. LABEL. (a) A label on an existing container of a

hazardous chemical may not be removed or defaced unless it is

illegible, inaccurate, or does not conform to the OSHA standard

or other applicable labeling requirement. Primary containers must

be relabeled with at least the identity appearing on the MSDS,

the pertinent physical and health hazards, including the organs

that would be affected, and the manufacturer's name and address.

Except as provided by Subsection (b), secondary containers must

be relabeled with at least the identity appearing on the MSDS and

appropriate hazard warnings.

(b) An employee may not be required to work with a hazardous

chemical from an unlabeled container except for a portable

container intended for the immediate use of the employee who

performs the transfer.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.008. OUTREACH PROGRAM. (a) The director shall develop

an outreach program that:

(1) consists of an education and training program in the form of

instructional materials to assist employers in fulfilling the

requirements of Section 502.009; and

(2) includes the development and distribution of a supply of

informational leaflets concerning employer's duties, employee

rights, the outreach program, and the effects of hazardous

chemicals.

(b) The director may contract with a public institution of

higher education or other public or private organization to

develop and implement the outreach program.

suitable form of notice providing employees with information

relating to employee rights under this chapter.

(d) The director shall publicize the availability of information

to answer inquiries from employees, employers, or the public in

this state concerning the effects of hazardous chemicals.

(e) In cooperation with the director, an employer may provide an

outreach program in the community.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Health & Safety Code Sec. 502.009 and amended

by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.

Sec. 502.009. EMPLOYEE EDUCATION PROGRAM. (a) An employer

shall provide an education and training program for employees who

use or handle hazardous chemicals.

(b) An employer shall develop, implement, and maintain at the

workplace a written hazard communication program for the

workplace that describes how the criteria specified in this

chapter will be met.

appropriate:

(1) information on interpreting labels and MSDSs and the

relationship between those two methods of hazard communication;

(2) the location by work area, acute and chronic effects, and

safe handling of hazardous chemicals known to be present in the

employees' work area and to which the employees may be exposed;

(3) the proper use of protective equipment and first aid

treatment to be used with respect to the hazardous chemicals to

which the employees may be exposed; and

(4) general safety instructions on the handling, cleanup

procedures, and disposal of hazardous chemicals.

(d) Training may be conducted by categories of chemicals. An

employer must advise employees that information is available on

the specific hazards of individual chemicals through the MSDSs.

Protective equipment and first aid treatment may be by categories

of hazardous chemicals.

(e) An employer shall provide additional instruction to an

employee when the potential for exposure to hazardous chemicals

in the employee's work area increases significantly or when the

employer receives new and significant information concerning the

hazards of a chemical in the employee's work area. The addition

of new chemicals alone does not necessarily require additional

training.

(f) An employer shall provide training to a new or newly

assigned employee before the employee works with or in a work

area containing a hazardous chemical.

(g) An employer shall keep the written hazard communication

program and a record of each training session given to employees,

including the date, a roster of the employees who attended, the

subjects covered in the training session, and the names of the

instructors. Those records shall be maintained for at least five

years by the employer. The department shall have access to those

records and may interview employees during inspections.

(h) Emergency service organizations shall provide, to their

members or employees who may encounter hazardous chemicals during

an emergency, information on recognizing, evaluating, and

controlling exposure to the chemicals.

(i) As part of an outreach program created in accordance with

Section 502.008, the director shall develop an education and

training assistance program to assist employers who are unable to

develop the programs because of size or other practical

considerations. The program shall be made available to those

employers on request.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Health & Safety Code Sec. 502.010 and amended

by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.

Sec. 502.010. LIABILITY UNDER OTHER LAW. Providing information

to an employee does not affect:

(1) the liability of an employer with regard to the health and

safety of an employee or other person exposed to hazardous

chemicals;

(2) the employer's responsibility to take any action to prevent

occupational disease as required under other law; or

(3) any other duty or responsibility of a manufacturer,

producer, or formulator to warn ultimate users of a hazardous

chemical under other law.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Health & Safety Code Sec. 502.011 and amended

by Acts 1993, 73rd Leg., ch. 528, eff. Sept. 1, 1993.

Sec. 502.011. COMPLAINTS AND INVESTIGATIONS. (a) The director

or the director's representative shall investigate in a timely

manner a complaint received in writing from an employee or an

employee's designated representative relating to an alleged

violation of this chapter by an employer.

(b) A complaint received from a person relating to an alleged

violation shall be referred to the federal Occupational Safety

and Health Administration (OSHA) or to the federal Mine Safety

and Health Administration (MSHA) if the complaint is related to

an applicable OSHA or MSHA requirement and the applicable OSHA or

MSHA standard is in effect. The director or the director's

representative shall investigate the complaint if:

(1) the applicable OSHA or MSHA standard is not in effect; or

(2) the complaint is based on a requirement of this chapter.

representative of the director may enter a workplace at

reasonable times to inspect and investigate complaints.

(d) The department may find multiple violations by an employer

based on distinct requirements of this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Health & Safety Code Sec. 502.012 and amended

by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.

Sec. 502.012. REPORTING FATALITIES AND INJURIES. (a) Within 48

hours after the occurrence of an employee accident that directly

or indirectly involves chemical exposure or that involves

asphyxiation, and that is fatal to one or more employees or

results in the hospitalization of five or more employees, the

employer of any of the employees so injured or killed shall

report the accident either orally or in writing to the

department.

(b) The report to the department shall relate the circumstances

of the accident, the number of fatalities, and the extent of any

injuries. If it is necessary to complete the investigation of an

incident, the department may require additional reports in

writing as necessary.

Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.014. ADMINISTRATIVE PENALTY. (a) The director may

assess an administrative penalty against an employer who violates

this chapter, board rules adopted under this chapter, or an order

issued under this chapter.

(b) If the department finds one or more violations of this

chapter, the director may issue a notice of violation to the

employer. The notice of violation shall specifically describe the

violation, refer to the applicable section or subsection of the

chapter, and state the amount of the penalty, if any, to be

assessed by the director.

to the department in writing within 15 days after the date of

receipt of the notice of violation in one of the ways provided by

Subsection (d), (e), or (f).

(d) If the employer disputes the validity of the violation and

has reason to believe that the findings of the department were

based on inaccurate or incomplete information, the employer may

request an informal conference with representatives of the

department. The purpose of an informal conference is to permit

the employer to meet with department representatives to discuss

the basis of the violation and to provide information to the

department. The department shall schedule the informal

conference. A request for an informal conference made in bad

faith is a violation of this chapter.

(e) The employer may correct the violation and certify to the

department that the corrections have been made.

(f) The employer may request a hearing.

(g) Following an informal conference, the department shall

respond in writing to the employer, stating whether the

department intends to withdraw the notice of violation or pursue

it. If the department intends to pursue the notice of violation,

the employer may respond as provided by either Subsection (h) or

(i) within 10 days after the date of receipt of the department's

correspondence.

(h) The employer may correct the violation and certify to the

department that the corrections have been made.

(i) The employer may request a hearing.

(j) A request for an informal conference or a statement by an

employer that the employer is in compliance with the provision of

this chapter does not waive the employer's right to a hearing.

(k) The director may not assess an administrative penalty for

any violation that has been corrected within 15 days after the

date of receipt of the notice of violation, the date of receipt

of the department's response by the employer, or 10 days after

the date of receipt by the employer of the department's response

to the informal conference provided for in Subsection (c),

whichever is later.

(l) In determining the amount of the penalty, the director shall

consider:

(1) the employer's previous violations;

(2) the seriousness of the violation;

(3) any hazard to the health and safety of the employee;

(4) the employer's demonstrated good faith;

(5) the duration of the violation; and

(6) other matters as justice may require.

(m) Each day a violation continues may be considered a separate

violation.

(n) The penalty may not exceed $500 for each violation.

Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.0141. ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE. (a)

An administrative penalty may be assessed only after an employer

charged with a violation is given an opportunity for a hearing.

(b) If a hearing is held, the director shall make findings of

fact and shall issue a written decision regarding the occurrence

of the violation and the amount of the penalty that may be

warranted.

a hearing in a timely manner, the director may assess a penalty

after determining that a violation has occurred and the amount of

the penalty that may be warranted.

(d) After making a determination under this section that a

penalty is to be assessed against an employer, the director shall

issue an order requiring that the employer pay the penalty.

(e) The director may consolidate a hearing held under this

section with another proceeding.

Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.0142. PAYMENT OF ADMINISTRATIVE PENALTY; JUDICIAL

REVIEW. (a) Not later than the 30th day after the date an order

finding that a violation has occurred is issued, the director

shall inform the employer against whom the order is issued of the

amount of the penalty for the violation.

(b) Within 30 days after the date the director's order is final

as provided by Subchapter F, Chapter 2001, Government Code, the

employer shall:

(1) pay the amount of the penalty;

(2) pay the amount of the penalty and file a petition for

judicial review contesting the occurrence of the violation, the

amount of the penalty, or both the occurrence of the violation

and the amount of the penalty; or

(3) without paying the amount of the penalty, file a petition

for judicial review contesting the occurrence of the violation,

the amount of the penalty, or both the occurrence of the

violation and the amount of the penalty.

Subsection (b)(3) may:

(1) stay enforcement of the penalty by:

(A) paying the amount of the penalty to the court for placement

in an escrow account; or

(B) giving to the court a supersedeas bond that is approved by

the court for the amount of the penalty and that is effective

until all judicial review of the director's order is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the employer

stating that the employer is financially unable to pay the amount

of the penalty and is financially unable to give the supersedeas

bond; and

(B) giving a copy of the affidavit to the director by certified

mail.

(d) Subsection (c)(1) does not apply to the state or a political

subdivision. The penalty may not be enforced against the state or

a political subdivision until all judicial review has been

exhausted.

(e) If the director receives a copy of an affidavit under

Subsection (c)(2), the director may file with the court, within

five days after the date the copy is received, a contest to the

affidavit. The court shall hold a hearing on the facts alleged in

the affidavit as soon as practicable and shall stay the

enforcement of the penalty on finding that the alleged facts are

true. The employer who files an affidavit has the burden of

proving that the employer is financially unable to pay the amount

of the penalty and to give a supersedeas bond.

(f) If the employer does not pay the amount of the penalty and

the enforcement of the penalty is not stayed, the director may

refer the matter to the attorney general for collection of the

amount of the penalty.

(g) Judicial review of the order of the director:

(1) is instituted by filing a petition as provided by Subchapter

G, Chapter 2001, Government Code; and

(2) is under the substantial evidence rule.

(h) If the court sustains the occurrence of the violation, the

court may uphold or reduce the amount of the penalty and order

the employer to pay the full or reduced amount of the penalty. If

the court does not sustain the occurrence of the violation, the

court shall order that no penalty is owed.

(i) When the judgment of the court becomes final, the court

shall proceed under this subsection. If the employer paid the

amount of the penalty and if that amount is reduced or is not

upheld by the court, the court shall order that the appropriate

amount plus accrued interest be remitted to the employer. The

rate of the interest is the rate charged on loans to depository

institutions by the New York Federal Reserve Bank, and the

interest shall be paid for the period beginning on the date the

penalty was paid and ending on the date the penalty is remitted.

If the employer gave a supersedeas bond and if the amount of the

penalty is not upheld by the court, the court shall order the

release of the bond. If the employer gave a supersedeas bond and

if the amount of the penalty is reduced, the court shall order

the release of the bond after the employer pays the amount.

(j) All proceedings under this section are subject to Chapter

2001, Government Code.

Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),

(53), (59), eff. Sept. 1, 1995.

Sec. 502.015. CIVIL PENALTY; INJUNCTION. (a) If it appears

that an employer has violated, is violating, or is threatening to

violate this chapter or any rule adopted or order issued under

this chapter, the director may request the attorney general or

the district, county, or city attorney of the municipality or

county in which the violation has occurred, is occurring, or may

occur to institute a civil suit for:

(1) injunctive relief to restrain the employer from continuing

the violation or threat of violation;

(2) the assessment and recovery of a civil penalty for a

violation; or

(3) both the injunctive relief and the civil penalty.

(b) The penalty may be in an amount not to exceed $2,000 a day

for each violation, with a total not to exceed $20,000 for that

violation.

consider the employer's history of previous violations, the

seriousness of the violation, any hazard to health and safety of

the public, the demonstrated good faith of the employer charged,

and other matters as justice may require.

(d) Any civil penalty recovered in a suit instituted by the

attorney general under this chapter shall be deposited in the

state treasury to the credit of the general revenue fund. Any

civil penalty recovered in a suit instituted by a local

government under this chapter shall be paid to the local

government.

(e) This section does not affect any other right of an employee

or any other employer to receive compensation for damages under

other law.

Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.016. CRIMINAL PENALTY. An employer who is required to

disclose hazard information under this chapter and who

proximately causes an occupational disease or injury to an

individual by knowingly disclosing false hazard information or

knowingly failing to disclose hazard information provided on an

MSDS commits an offense that is punishable by a fine of not more

than $10,000 for each violation. Each day of violation

constitutes a separate offense, except that the fine may not

exceed $100,000 for that violation. This section does not affect

any other right of an employee or any other employer to receive

compensation for damages under other law.

Added by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1,

1993.

Sec. 502.017. EMPLOYEE NOTICE; RIGHTS OF EMPLOYEES. (a) An

employer shall post and maintain adequate notice, at locations

where notices are normally posted, informing employees of their

rights under this chapter. If the director does not prepare the

notice under Section 502.008, the employer shall prepare the

notice.

(b) Employees who may be exposed to hazardous chemicals shall be

informed of the exposure and shall have access to the workplace

chemical list and MSDSs for the hazardous chemicals. Employees,

on request, shall be provided a copy of a specific MSDS with any

trade secret information deleted. In addition, employees shall

receive training concerning the hazards of the chemicals and

measures they can take to protect themselves from those hazards.

Employees shall be provided with appropriate personal protective

equipment. These rights are guaranteed.

otherwise discipline, or in any manner discriminate against an

employee because the employee has:

(1) filed a complaint;

(2) assisted an inspector of the department who may make or is

making an inspection under Section 502.011;

(3) instituted or caused to be instituted any proceeding under

or related to this chapter;

(4) testified or is about to testify in a proceeding under this

chapter; or

(5) exercised any rights afforded under this chapter on behalf

of the employee or on behalf of others.

(d) Pay, position, seniority, or other benefits may not be lost

as the result of the exercise of any right provided by this

chapter.

(e) A waiver by an employee of the benefits or requirements of

this chapter is void. An employer's request or requirement that

an employee waive any rights under this chapter as a condition of

employment is a violation of this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Health & Safety Code Sec. 502.013 and amended

by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.

Sec. 502.018. STANDARD FOR PHYSICIAN TREATMENT. For the

purposes of this chapter, the requirements in the OSHA standard

for physicians treating employees (29 CFR 1910.1200(l)) apply to

physicians treating persons.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Health & Safety Code Sec. 502.015 and amended

by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.

Sec. 502.019. RULES. The board may adopt rules and

administrative procedures reasonably necessary to carry out the

purposes of this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Renumbered from Health & Safety Code Sec. 502.016 and amended

by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.

Sec. 502.020. WORKPLACE SAFETY FOR INMATES. A person imprisoned

in a facility operated by or for the Texas Department of Criminal

Justice is not an employee for the purposes of this chapter. The

Texas Department of Criminal Justice shall provide a person

imprisoned in a facility operated by or for the Texas Department

of Criminal Justice the protections from exposure to hazardous

chemicals in the workplace as provided for in this chapter.

Added by Acts 1999, 76th Leg., ch. 1332, Sec. 1, eff. June 19,

1999; Acts 1999, 76th Leg., ch. 1501, Sec. 1, eff. June 19, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 10.004, eff.

Sept. 1, 2001.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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