Hazard Communication Program
I. Purpose
The purpose of this policy and procedure is to provide a written program that assigns responsibilities and procedures for compliance with the Texas Hazard Communication Act (hereafter referred to as the" Act").
II. General
The 69th Legislature of the State of Texas, in 1985, enacted the Texas Hazard Communication Act. The purpose of the Act includes improving the health and safety of persons living and working in the State of Texas by providing access to information regarding hazardous chemicals to which they may be exposed either during the course of their normal employment activities, during emergency situations, or as the result of proximity to the manufacture or use of those chemicals.
It is also the intent and purpose of the Act that information be provided to emergency service organizations responsible for dealing with chemical hazards during emergency situations and to the Commissioner of Health so as to make the information available to the general public.
Tarleton State University as an employer within the State of Texas, must comply with the requirements of the Act. Employees of Tarleton State University are likewise required to comply with the provisions and the spirit of the Act.
III. Scope
A. Tarleton State University employees, including student employees, are covered by the Act. Graduate/undergraduate students are covered in that they must be provided access to Material Safety Data Sheets (MSDS's).
B. Tarleton shall provide information to employees on the hazards of chemicals they work with or may be exposed to and how they can protect themselves from these hazards. Tarleton shall make this information available by compiling chemical inventory lists, by conducting training programs, by maintaining MSDS files, and by properly labeling containers.
C. Neither the benefits nor the requirements of the Act can be waived.
D. Responsibility for ensuring that employees have access to and appropriate information on hazardous chemicals is relegated throughout administrative channels to every supervisor.
IV. Procedures
A. Definitions
1. Hazardous Chemical - A hazardous chemical is defined as any element, chemical compound or mixture of elements or compounds that is a physical hazard or a health hazard.
2. Health Hazard - A health hazard includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hemopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.
3. Physical Hazard - A physical hazard includes chemicals which are a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water reactive.
4. Work Area - A work area is a room or defined space within a workplace where hazardous chemicals are produced, used, or stored and where employees are present.
5. Workplace - An establishment at one geographical location containing one or more work areas. A single building or a complex of buildings in close proximity with similar work activities can be designated as a workplace.
B. Exemptions
Notwithstanding any language to the contrary, the provisions of this Act do not apply to chemicals in the following categories:
1. Any article that is formed to a specific shape or design during manufacture, that has end-use functions dependent in whole or in part on its 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 ( e.g., tires, PVC piping).
2. Products intended for personal consumption by employees in the workplace (e.g., aspirin, hair spray).
3. Retail food sale establishments and all other retail trade establishments, exclusive of processing and repair areas.
4. Any food, food additive, color additive, drug, or cosmetic as those terms are defined in the Federal Alcohol Administration Act.
5. Hazardous waste regulated pursuant to the Federal Resource Conservation and Recovery Act.
6. Radioactive waste.
C. Office of Risk Management and Safety Responsibilities
1. Monitor and coordinate program compliance for Tarleton State University.
2. Provide a list of chemicals to be inventoried (chemical reference list) in compiling work area and workplace chemical lists. Copies shall be made by departments as needed.
3. Provide the local fire department the names and telephone numbers of emergency contacts, and provide designated workplace chemical lists and MSDS's upon request.
4. Assist departments in their training programs, as appropriate.
5. Assist departments in obtaining MSDS's, as appropriate.
6. Maintain designated workplace chemical lists for a minimum of 30 years.
7. Maintain liaison with the TAMUS Risk Management and Safety office.
D. Administrators, Deans, Department Heads, Directors
1. Post "Notice to Employees" document at locations where notices are normally posted in each workplace. (See Attachment A for information.) A copy of the approved form for reproduction shall be secured from the Office of Risk Management and Safety.
2. Assign departmental work areas within each designated workplace.
3. Conduct annual chemical inventories and provide employee access to chemical lists.
4. Ensure that employees and students are properly trained and are advised of their rights under the Texas Hazard Communication Act.
5. Maintain MSDS's for hazardous chemicals and provide employee and student access to MSDS's.
6. Provide information to employees and students on the location and availability of chemical lists and MSDS's.
7. Ensure proper labeling of chemical containers.
8. Provide workplace chemical lists, notice of training completion, names and telephone numbers of emergency contacts to the Office of Risk Management and Safety.
9. Maintain workplace chemical lists and training records for a minimum of 30 years.
10. Allow local fire department to conduct on-site chemical inspections upon request.
11. Appoint a "department hazard communication coordinator" to monitor departmental compliance and to be a liaison with the Office of Risk Management and Safety.
E. Chemical Inventory Requirements
The Act requires employers to compile and maintain a workplace chemical list(s). Chemicals to be inventoried shall include the chemicals referenced under section 1910.1200(d) (3) & (4) of the Occupational Safety and Health Act (OSHA) standard and the Superfund Amendments and Reauthorization Act (SARA) Title III list of extremely hazardous substances. A reference list of the above chemicals is available from the Tarleton State University Office of Risk Management and Safety.
Each department shall conduct an inventory of referenced chemicals at least annually. The inventory data shall include the identities, quantities and locations of the chemicals. Work area and workplace inventory forms are available from the Tarleton Office of Risk Management and Safety for copying. Procedures shall be as follows:
1. Chemicals that are included in the reference list of chemicals, including products with referenced chemicals as ingredients, shall be inventoried within each department work area regardless of chemical quantity.
2. Each department shall combine department work area inventories into a department workplace chemical list for each designated workplace. Information on the workplace inventory form shall include the common name and chemical name used on the MSDS and container labels, the product name and hazardous ingredients, the work areas where the chemical/product is stored or used, and the quantity of the chemical/product.
3. Departments shall make work area and workplace chemical lists readily accessible to employees.
4. Departments shall provide a copy of the department workplace chemical list(s) to the Office of Risk Management and Safety. This shall be so stated on the form. Department work area lists shall be provided upon request. Department workplace lists shall be provided by November 30th of each year.
5. If a designated workplace is occupied by more than one department, a single workplace chemical list shall be compiled by combining the department workplace lists for a designated workplace. The combined list shall be provided to each department within a designated workplace.
F. Training Requirements
The Act requires employers to provide a training program that is designed to ensure an appropriate level of understanding by employees of the dangers of hazardous chemicals used and what employees can do to minimize risks. The level of training required will depend upon the employee's work assignment and potential exposure to hazardous chemicals.
Chemicals for which education and training shall be provided include those which are considered a health hazard or a physical hazard (see Definitions).
The Act does not specify how training will be conducted or how much training is required. Each department and ultimately each supervisor shall determine training needs.
1. Departments with educational research labs and other jobs where hazardous chemicals are routinely used or handled shall do the following departmental training at least annually. Each department shall:
a. Require employees to read and sign a statement that they have read representative MSDS's for each hazardous chemical category they use.
b. Provide, when requested by an employee, one-on-one instructions concerning information on an MSDS.
c. Provide and/or make available periodic chemical training sessions to employees. These training sessions shall include instructions on:
(1). Interpreting labels and MSDS's.
(2). Location of, acute and chronic effects of, and safe handling of hazardous chemicals.
(3). Personal protective equipment and first aid treatment.
(4). Clean up and disposal procedures.
d. Provide departmental training to new or newly assigned employees prior to their working with or in a work area containing hazardous chemicals.
2. Provide written notification to the Office of Risk Management and Safety when annual employee training has been completed, and any other training information requested.
Notification shall be made by November 1st of each year.
3. Training sessions shall be documented and training records shall be maintained for a minimum of 30 years. Records shall include the dates of training sessions, the training subjects covered including the types of chemicals reviewed, and the attendance rosters.
4. Provide graduate/undergraduate students who handle hazardous chemicals during their class work the following:
a. Access to MSDS's.
b. Safety training as part of their normal class work.
G. Exchange of Information Requirements
Employers need to provide an exchange of information between outside contractors, maintenance personnel, and workplace occupants to lessen potentially harmful exposures from the use of chemicals/products within a workplace.
1. At a preconstruction conference, outside contractors shall provide a list of the standard chemicals/products to be used in conducting their work and shall provide an MSDS for each chemical/product. The preconstruction conference shall be attended by at least a contractor representative, a safety office representative, the project coordinator, and by affected department hazard communication coordinators (DHCCs). Information on what type of work is to be one, on when the work is scheduled, and on how the chemicals/products are to be used shall be discussed. Precautions necessary to minimize potentially harmful exposures to the contractor's workers from workplace operations and to workplace occupants from the contractor's operations shall be discussed. Location of and access to workplace chemical lists and MSDS's shall also be addressed.
2. Maintenance supervisors and DHCC(s) shall exchange information as appropriate in order to determine safety precautions necessary to minimize potentially harmful exposures to either maintenance personnel or to workplace occupants at or near the work site. MSDS's for chemicals/products used shall be made available for review by the maintenance supervisors and the DHCC(s) upon request.
H. Material Safety Data Sheet Requirements
Material Safety Data Sheets (MSDS's) shall be maintained and be readily accessible to employees and students. MSDS requirements shall be as follows:
1. Departments shall maintain a file of MSDS's for those hazardous chemicals purchased and/or in use by departmental employees and students.
2. Departments shall provide ready access to MSDS's for those hazardous chemicals present in each workplace.
3. Departments shall provide a copy of MSDS's to the Office of Risk Management and Safety upon request.
I. Container Labeling Requirements
The Act states that all containers must be labeled except for portable container(s) intended for the immediate use by the employee who performs the transfer. It is recommended that in order to minimize risks no container be excluded from labeling. Labeling requirements shall be as follows:
1. Primary container labels shall not be removed or defaced.
2. Secondary container labels shall include the chemical identity, appropriate hazard warning, and date of transfer. The appropriate hazard warning shall include as a minimum the key word(s) of the chemical hazard (e.g., flammable, corrosive, poison, etc., and if the chemical is a carcinogen or radioactive ).
3. MSDS's and/or primary container labels shall be available for chemical specific information when chemical transfer to secondary containers is performed.
4. Use of precautionary labels, such as the NFPA 704 and HMIS Systems, is allowed for showing hazard warnings, but employees shall be trained on the system used and shall have access to chemical specific information.
J. Fire Department Reporting Requirements
The Office of Risk Management and Safety shall provide the following information to the fire department having jurisdiction over the respective area of responsibility:
1. Shall provide, in writing, the names and telephone numbers of knowledgeable representatives for each designated workplace who can be contacted for information in case of an emergency.
2. Shall provide, upon request, a copy of each designated workplace chemical list and a copy of the MSDS on any chemical on the workplace chemical list.
3. Shall notify the fire chief of any significant changes that occur in the workplace chemical lists.
K. Commissioner of Health Reporting and Fee Requirements
Notification of training completion, designated workplace chemical lists, and required fees shall be sent to the Commissioner of Health, the Texas Department of Health, annually through the TAMUS reporting network.
In the event of a related death (deaths) or the hospitalization of five or more employees the Texas Department of Health shall be contacted immediately.
Notice To Employees
THE TEXAS HAZARD COMMUNICATION ACT OF 1985, TEXAS CIVIL STATUTES, ARTICLE 5182b, REQUIRES STATE AND LOCAL AGENCY EMPLOYERS TO
provide employees, local fire departments, the Texas Department of Health, and other interested persons with specific information on the hazards of chemicals in use. As required by law, your employer must provide you with certain information and training, starting January 1, 1986. A brief summary of the law follows.
1. Employers must develop a list of hazardous chemicals used or stored in the workplace, each in excess of 55 gallons or 500 pounds. Smaller quantities may be reported. This list shall be updated by the employer as necessary, but at least annually. The list must be sent to the Texas Department of Health at least annually, to be made available to the general public on request.
2. Employees who may be exposed to hazardous chemicals shall be informed of the exposure by the employer and shall have ready access to the workplace chemical list and to the most current material safety data sheets, which detail physical and health hazards and other pertinent information. The list must state which chemicals are present in each work area.
3. Employees shall receive training by the employer on the hazards of the chemicals and on measures they can take to protect themselves from those hazards, and shall be provided with appropriate personal protective equipment. This training shall be provided at least annually and must be reported by the employer to the Texas Department of Health within 30 days of completion.
4. Employees shall not be required to work with hazardous chemicals from unlabeled containers, except portable containers for immediate use, the contents of which are known to the user.
5. Employers must provide the names and telephone numbers of knowledgeable company Representatives to the local fire department, as well as other information if the fire department requests it.
6. The following chemicals are exempted from coverage by this act: articles that do not normally release hazardous chemicals, food, cosmetics, pesticides for use (but not pesticide formulation), hazardous waste, and some other materials. Most of these are covered by other acts. Private employers are exempt from some provisions of the State law since they are covered under similar rules adopted by the Federal Occupational Safety and Health Administration (OSHA).
7. Employees may file complaints with the Texas Department of Health, may not be discharged or discriminated against in any manner for the exercise of any rights provided by this act. Employees and citizens may make written requests to the Texas Department of Health to require listing of small quantities of certain highly hazardous chemicals.
EMPLOYERS MAY BE SUBJECT TO ADMINISTRATIVE PENALTIES AND CIVIL OR CRIMINAL FINES RANGING FROM $500 TO $25,000 FOR VIOLATIONS OF THIS ACT.
Further information may be obtained from:
Hazard Communication Branch
Division of Occupational Safety and Health
Texas Department of Health
1100 West 49th Street
Austin, Texas 78756
phone: (512) 458-7410