Tier II Chemical Reporting Program
Q: What is the Texas Hazard Communication Act?
A. The Texas Hazard Communication Act (THCA) is a state "worker right-to-know" law that requires public employers to provide their employees with specific information and training on the hazardous chemicals to which employees may be exposed in the workplace.
Q: What is a "public" employer?
A: A public employer is any city, county or state agency; public school, college or university; tax base-supported hospital; river authority; volunteer emergency service organization; and any agency created by state law.
Q: What is a hazardous chemical?
A: A hazardous chemical is defined by the THCA as any element, compound, or mixture of elements or compounds that is a health hazard or a physical hazard as defined by the federal Occupational Safety and Health Administration (OSHA) Hazard Communication Standard. Examples of chemicals which are health hazards include chemicals that are toxic, irritants, corrosives, carcinogens, and any chemicals that damage the lungs, eyes, skin, or mucous membranes. Examples of chemicals that are physical hazards include chemicals that are flammable, combustible, explosives, and compressed gases.
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Q: Are certain hazardous chemicals exempt from the THCA requirements?
A: Yes. The THCA does not apply to the following substances:
1) hazardous waste regulated 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 Enironmental Protection Agency;
2) tobacco or tobacco products;
3) wood or wood products;
4) articles, which are defined as a manufactured item that is formed to a specific shape or design during manufacture; that has end use functions dependent in whole or in part on it's shape or design during end use; and that does not release, or otherwise result in exposure to, a hazardous chemical under normal conditions of use;
5) food, drugs, or cosmetics intended for personal consumption by an employee while in the workplace;
6) consumer products or hazardous substances when 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;
Q: Are laboratories exempt from the THCA requirements?
A: No. Laboratories are not exempt from the THCA, however; chemicals in a laboratory under the direct supervision or guidance of a technically qualified individual are only required to comply with the following requirements of the THCA:
2.) Labels on incoming containers of chemicals must not be removed or defaced;
3.) The employer must comply with Section 502.006 (MSDSs) and Section 502.009 (Employee Education Program) of the THCA;
4.) The laboratory cannot be used primarily to produce hazardous chemicals in bulk for commercial purposes.
Keep in mind that although laboratories have certain THCA exemptions; chemical storerooms or closets that are detached from the laboratory are subject to all THCA requirements.
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Q: Does the Workplace Chemical List have to include all the chemicals in a work area?
A: No. The Workplace Chemical List (WCL) only needs to include those chemicals in the workplace that are normally present in excess of 55 gallons or 500 pounds. The WCL should be updated annually and maintained in the workplace for 30 years. The list may be prepared for the entire facility or individual work areas. For additional information and examples on the WCL, click here.
Q: Does the THCA apply to hazardous chemicals that do not exceed the thresholds specified for the "Workplace Chemical List"?
A. Yes. The THCA requires that public employers meet the Act's requirements for labeling, maintenance of Material Safety Data Sheets (MSDSs), training, provision of personal protective equipment, etc., for ANY amount of a hazardous chemical. The only thresholds specified in the THCA are those for the Workplace Chemical List, which is a list of all hazardous chemicals which exceed 55 gallons or 500 pounds.
Q: What are the THCA requirements for chemical container labels?
A: Employees 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. Also, a label on an existing container of a hazardous chemical may not be removed or defaced. If the workplace has a chemical container with an inaccurate, damaged or missing label, the container must be labeled as follows:
1.) 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.
2.) Secondary containers must be relabeled with at least the identity appearing on the MSDS and the appropriate hazard warnings.
Alternative labeling systems including NFPA fire diamonds, HMIS labeling system or USDOT shipping labeling system are also accepted for THCA labeling requirements contingent upon employees being specifically trained on interpreting them. Further information on the THCA labeling standard can be found by clicking here.
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Q: What are the THCA requirements for Material Safety Data Sheets (MSDS's)?
A: 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, an employer shall request or obtain a missing MSDS within 30 business days of receipt of the hazardous chemical. An employer shall not permit the use of any hazardous chemical for which a current MSDS is not available. Click here to access the THCA Fact Sheet which contains standards for current and substitute MSDSs.
Q: What are the requirements for issuing personal protective equipment (PPE) to employees?
A: The THCA states that employees shall be provided with appropriate PPE, defined as "equipment that is provided to an employee by the employer and provides a level of protection to chemicals to which the employee may be exposed that will be adequate to ensure their health and safety based on current industry standards." Also, the employer must ensure that the provided equipment fits the individual employee and is functional for its intended use as described by the manufacturer's specifications. The chemical's MSDS can be used as a reference for selecting appropriate PPE. More information about THCA standards for PPE can be found by clicking here.
Q: I am an accountant with a public employer and was recently exposed to chemical vapors when our office air ducts were being cleaned and treated. Is this exposure covered under the THCA?
A: No. The THCA states that office workers who encounter hazardous chemicals only in non routine, isolated instances are not covered under the THCA.
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Q: Is there a required notice that public employers must post in order to comply with the Texas Hazard Communication Act (THCA)?
A: Yes. The THCA requires that public employers post copies of a document which is called the "Notice to Employees" in locations where notices are normally posted. Notices can be found in Spanish and English here. The size and wording of the "Notice to Employees" is described in the Rules for the THCA (Title 25 of the Texas Administrative Code, Section 295.5), and copies of the Notice are available from the Program or by clicking here.
Q: How do I develop a written hazard communication training program?
The Program has a written guidance document to assist public employers in developing the written training program. The "Model Written Hazcom Program" is available on request from the Program or by clicking here. There are also commercially available written training programs that may be modified for use by a public employer. However, public employers are cautioned that the written training program must be designed for their specific workplaces. Therefore, it is imperative that these employers ensure that their written training program meets the requirements of the THCA and Rules. One of the most common problems with commercially available written training programs is that they are usually designed for compliance with the federal Occupational Safety and Health Administration's (OSHA's) Hazard Communication Standard, and NOT for compliance with the THCA.
Q: Is annual training for employees required under the THCA?
A. No. The original THCA required annual training, but this requirement was deleted when the THCA was revised in 1993. Public employers are now required to train employees who use or handle hazardous chemicals on an as needed basis. They are also required to provide additional training "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." This requirement means that the employer must consider several factors in determining the frequency of training, including the abilities of the employee to retain training information, the complexity of employee tasks, and the degree of hazardous chemical exposure. New or newly assigned employees must be trained before they work with or in an area containing a hazardous chemical.
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Q: Are public employers required to send written records of training to the Department of State Health Services (DSHS)?
A. No. This provision of the original THCA was deleted when the Act was revised in 1993. Public employers must maintain their own employee training records and make these records available to a representative of the Department, upon request.
Q: What specific Hazard Communication training records must be retained to satisfy THCA requirements?
A: An employer shall retain a record of each training session given to employees, including the date, a roster of 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 records should be available to representatives of DSHS upon request. A model Employee Training Roster and Employee Training Sheet can be found by clicking here.
Q: My facility receives a THCA compliance inspection from the Texas Department of State Health Services and is found to be in violation. What happens next?
A: The facility will receive a written Notice of Violation (NOV) approximately 60 days from the date of the inspection, detailing the violations observed and the corrective action required on the part of the facility. The facility will then have 15 business days from receipt of the NOV to submit to the Department written certification that the violations have been corrected to the requirements of the THCA. Upon receiving written certification and determining that all violations have been corrected, the Department will issue a Case Closure Letter and close the case. Failure to submit the written certification or to satisfactorily correct all the violations within this time period, however, may result in the Department assessing administrative penalties against the facility. Further, since the facility will have only 15 business days from receipt of the NOV to certify correction of the violations to the Department, it is in the best interest of the facility to initiate corrective action as soon as possible after the inspector's visit. Additional information on the compliance inspection process is available by clicking here.
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