Texas Hazardous Communication Act

1986/93

Tx. Dept. of Health Side by Side

(Bold type is editorial emphasis by Dr. Sandra S. West)

ORIGINAL THCA (1986): ONE LAW	REVISIONS(1993): FOUR LAWS
Chapter 502 of Helath and Safety Code. Public employers covered under both worker and community right-to-know. Certain private sector employers covered under community right-to-know.	Chapter 502. Public Employers Worker right-To-Know Act. Chapter 505. Manufacturing Facility Community Right-To-Know Act Chapter 506. Public Employer Community Right-To-Know Act. Chapter 507. Non-Manufacturing Facilities Community Right-To-Know Act.
CHAPTER 502. PUBLIC EMPLOYERS WORKER RIGHT-TO-KNOW.
Original THCA	REVISED THCA
MSDSs made accessible to laboratory students (Sec. 502.004(e)(5B)).	Students are no longer required to have access to MSDSs if laboratory is under direct supervision or guidance of a technically qualified individual (Sec. 502.004(f)(2)).
Manufacturer-specific MSDSs required (Sec. 502.004(e)(5B).	Generic MSDSs acceptible if conform to current OSHA regulations and are appropriate for that chemical (Sec. 502.006(b)).
Annual training required (Sec. 502.010(a)).	Training required on as-needed basis for employees who use or handle hazardous chemicals; new employees must be trained prior to working with or in a work area containing hazardous chemicals (Sec. 502.009(a), (e) & (f)).
Annual training report sent to TDH (Sec. 502.010(b)).	No longer required.
Specific training for each hazardous chemical (Sec. 502.010(f) & 502.013(b)).	Training may be conducted by categories of hazardous chemicals, though information must be available on specific hazards of individual chemicals. First aid treatment and appropriate personal protective equipment may be by categories of hazardous chemicals (Sec. 502.009(d)).
Does not apply to products labeled in accordance with the federal Insecticide, Fungicide and Rodenticide Act (Sec. 502.004(e)(6)).	No longer exempt (Sec. 502.004(f)).
Does not require training program to be written.	Written training program now required. (Sec. 502.009(b)).
No requirements for reporting deaths or injuries.	Requires reporting TDH of any chemical accident resulting in one or more employee deaths or five or more employee injuries requiring hospitalization within 48 hours either orally or in writing (Sec. 502.012).
Workplace chemical list submitted to TDH annually as Tier Two Report (Sec. 502.005(d) & 25 TAC Sec. 295.9(c)).	Maintenance of workplace chemical list at threshold of 55 gallons or 500 pounds; accessible to employees, but no longer required to submit to TDH. Must be updated at least annually (Sec. 502.005).
Civil penalties maximum $5,000 per violation (Sec. 502.012(e)).	Civil penalties not to exceed $2,000 per day for each day a violation continues, maximum $20,000 per violation (Sec. 502.015(b)).
Criminal penalties maximum $25,000 per violation (Sec. 502.012(f)).	Criminal penalties not to exceed $10,000 per day for each day a violation continues, maximum $100,000 per violation (Sec. 502.016). Administrative penalties remain the same, $500 for each violation (Sec. 502.014(n)).
CHAPTER 506. PUBLIC EMPLOYER COMMUNITY RIGHT-TO-KNOW ACT.
Original THCA	Revised THCA
Reporting threshld for hazardous chemicals on annual Tier Two Report at 55 gallons or 500 pounds (Sec. 502.005(a)).	Reporting threshold for hazardous chemicals on annual Tier Two Report consistent with EPCRA requirements, currently 10,000 pounds (Sec. 506.006(a)).
Not required to report Extremely Hazardous Substances (EHS) on annual Tier Two Report.	Required to report EHS at 500 pounds or the Threshold Planning Quantity, whichever is less, on annual Tier Two Report (Sec. 506.006(a)).
Does not apply to products labeled in accordance with the federal Insecticide, Fungicide and Rodenticide Act (Sec. 502.004(e)(6)).	No longer exempt (Sec. 506.005(c)).
Persons seeking a workplace chemical list from a facility are allowed access through TDH (Sec. 502.005(d)).	Persons may request in writing copies of a facility's existing workplace chemical list and the facility will furnish or mail a copy of the list or a modified version of the most recent Tier Two form using a 500 pound threshold within 10 working days (Sec. 506.007(a) & (b)).
Facilities required to provide, upon request, chemical chemical information to the fire chief and TDH for any chemical on the workplace chemical list (55 gallons/500 pounds threshold). (Sec. 502.008(d) & Sec. 502.006(d)).	Facilities required to provide chemical information at zero threshold to TDH, fire cheifs and LEPCs upon request (Sec. 506.008(b)).
Maximum administrative penalty of $500 per violation (Sec. 502.012(d)).	Administrative penalty of $50 per day for each day a violation continues with a total not to exceed $1000 per violation (Sec. 506.010(m)). Civil penalties remain the same, not more than $5000 for each violation (Sec. 506.015(a)). Criminal penalties remain the same, not more than $25,000 (Sec. 506.016(a)).
Administrative penalties paid to TDH directed to general revenue.	In lieu of payment of administrative penalties assessed on a complaint, employers may be allowed to make grants to LEPCs or member organizations (Sec. 506.011(e)).
Employer may respond to violations in one of hree ways: correct the violation within 14 days, correct the violation after 15 days and pay penalty, or request a formal hearing (Sec. 506.010(d)). (25 TAC Sec. 295.8(d)).	Employer has an additional option to request an tinformal conference with TDH to discuss issues related to the alleged violations
Annual filing fee of $50 for Tier Two Report (Sec. 506.017(b)).	Annual filing fee for Tier Two Report based on the number of (Sec. 502.016(b)). hazardous chemicals present at a facility: 75 or fewer $50, 76 or greater: $100

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