CHAPTER 125. AGRICULTURAL HAZARD COMMUNICATION ACT
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE G. WORKPLACE CHEMICALS
CHAPTER 125. AGRICULTURAL HAZARD COMMUNICATION ACT
Sec. 125.001. DECLARATION OF PURPOSE. The legislature finds
that the health and safety of persons living and working in
agricultural areas in the state may be improved by providing
access to information regarding certain hazardous chemicals to
which they may be exposed either during their normal employment
activities, during emergency situations, or as a result of
proximity to the use of those chemicals. The legislature also
finds that, because of the conditions of agricultural employment,
there is a unique situation regarding certain agricultural
laborers that makes it necessary to establish formal procedures
to provide access to information regarding certain hazardous
chemicals and to assure those laborers that there will be no
retaliation by the employer for the exercise of rights under this
chapter. This chapter is intended to assure that accessibility to
information regarding chemicals covered by this chapter be
provided to agricultural laborers who may be exposed to those
chemicals in agricultural workplaces, to certain emergency
service organizations responsible for dealing with chemical
hazards during emergency situations when those chemicals are in
close proximity to residential areas, and to the department to
make the information available to the general public through
specific procedures.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.002. DEFINITIONS. In this chapter:
(1) "Agricultural laborer" means a person who plants,
cultivates, harvests, or handles an agricultural or horticultural
commodity in its unmanufactured state as determined by rule of
the department, and includes an agricultural laborer who handles
a chemical covered by this chapter. Office workers, cooks,
maintenance workers, security personnel, and nonresident
management are not agricultural laborers, except for purposes of
a gross annual payroll determination, unless their job
performance routinely involves potential exposure to chemicals
covered under this chapter. Farm and ranch laborers working
solely with livestock and persons working solely in the retail
sales component of a business are not agricultural laborers for
purposes of this chapter.
(2) "Chemical name" means 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 a
name that will clearly identify the chemical for the purpose of
conducting a hazard evaluation.
(3) "Common name" means any designation of identification such
as code name, code number, trade name, brand name, or generic
name used to identify a chemical other than by its chemical name.
(4) "Chemical manufacturer" means an employer in Standard
Industrial Classification (SIC) Codes 20 through 39.
(5) "Designated representative" means the individual or
organization to whom an agricultural laborer gives written
authorization to exercise the laborer's rights under this
chapter. A designated representative is not required to reveal
the name of the agricultural laborer he represents if the
department has reviewed the laborer's written authorization,
certifies that the representative has that authorization, and
determines that the agricultural laborer would be entitled to the
information the designated representative is seeking to obtain. A
recognized or certified collective bargaining agent shall be
treated automatically as a designated representative without
regard to written authorization from a laborer.
(6) "Distributor" means any business, other than a chemical
manufacturer or importer, that supplies chemicals covered by this
chapter to other distributors or to purchasers.
(7) "Expose" or "exposure" means that an agricultural laborer is
subjected to a chemical covered by this chapter in the course of
employment through any route of entry, including inhalation,
ingestion, skin contact, or absorption, and includes potential,
possible, or accidental exposure.
(8) "Fire chief" means the elected or paid administrative head
of a fire department as defined in Chapter 125, Acts of the 45th
Legislature, Regular Session, 1937 (Article 6243e, Vernon's Texas
Civil Statutes).
(9) "Label" means any written, printed, or graphic material
displayed on or affixed to containers of chemicals covered by
this chapter.
(10) "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 Occupational
Safety and Health Administration (OSHA) standard for that
document or, in the case of a chemical labeled under the federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136
et seq.) for which an MSDS is both unavailable and not required
under the federal OSHA's hazard communication standard, a product
label or other equivalent document with precautionary statements,
such as hazards to humans and domestic animals, and
environmental, physical, or chemical hazards, including warning
statements.
(11) "Work area" means a room, defined space, or field where
chemicals covered by this chapter are stored or used and where
agricultural laborers may be present.
(12) "Workplace" means a geographical location containing one or
more work areas.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.003. APPLICATION. (a) This chapter applies only to
the following employers who annually use or store any one of the
chemicals covered by this chapter in excess of 55 gallons or 500
pounds or an amount that the department determines by rule for
certain highly toxic or dangerous chemicals covered by this
chapter:
(1) employers who themselves or through labor agents hire
agricultural laborers to perform seasonal or migrant work and
whose gross annual payroll for those laborers is $15,000 or more;
and
(2) employers who themselves or through labor agents hire
agricultural laborers for purposes other than seasonal or migrant
work and whose gross annual payroll for those laborers is $50,000
or more.
(b) This chapter applies only to the following chemicals:
(1) chemicals labeled under the federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. Section 136 et seq.); and
(2) fertilizers with chemicals that are listed or defined as
hazardous chemicals in 29 CFR Section 1910.1200(c) or
1910.1200(d)(3), including those listed or defined in subsequent
comparable regulations.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.004. WORKPLACE CHEMICAL LIST. (a) An employer covered
by this chapter shall compile and maintain a workplace chemical
list on a form prescribed by the department that contains the
following information by crop for each chemical covered by this
chapter that is actually used or stored annually in the workplace
in excess of 55 gallons or 500 pounds or an amount that the
department determines by rule for certain highly toxic or
dangerous chemicals covered by this chapter:
(1) the product name used on the MSDS and container label and
the Environmental Protection Agency registration number, if
applicable;
(2) the date and crop on which the chemical was applied or used;
and
(3) the work area in which the chemical is actually stored or
used.
(b) The employer shall update the workplace chemical list as
necessary but not less frequently than annually.
(c) The workplace chemical list may be prepared for the
workplace as a whole or for each work area and must be readily
available to agricultural laborers and their designated
representatives. New or newly assigned agricultural laborers
shall be made aware of the workplace chemical list before working
with chemicals covered by this chapter or in a work area
containing those chemicals.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.005. WORKPLACE CHEMICAL LIST FORM, MAINTENANCE, AND
ACCESS. (a) The department shall prescribe forms for workplace
chemical lists required by this chapter with places to indicate
the crop, the product name of the chemical that is applied to the
crop or that is stored, and the location and date of its
application, use, or storage, as appropriate.
(b) An employer covered by this chapter shall maintain one form
for each crop, work area, or workplace as a whole, as
appropriate, and shall add information to the form as different
chemicals are applied, used, or stored.
(c) The employer shall attach relevant information to the form,
including MSDSs.
(d) The employer shall keep the forms and attachments accessible
and available for copying and shall store them in a location
suitable to preserve their physical integrity.
(e) The employer shall keep the forms and attachments under this
chapter for 30 years. However, the department shall provide by
rule that an employer may file with the department annually the
forms and attachments, including an estimate of the total amount
of each chemical listed on the form that was used. The department
shall categorize and cross-reference the data on the forms in a
manner to preserve the data for future medical use. An employer
who files the forms and attachments with the department under
rules adopted under this section is not required to preserve the
forms.
(f) If it is determined after a hearing conducted under Section
12.032 that an employer has repeatedly failed to maintain the
forms and attachments as required, the department may require the
employer to file the documents with the department. In addition,
the person may be subject to any applicable penalties provided by
this chapter.
(g) If agricultural activities for which forms and attachments
are maintained cease at a workplace, the forms and attachments
shall be filed with the department, and the department shall
retain the information for 30 years. If an employer covered by
this chapter is succeeded or replaced in that function by another
person, the person who succeeds or replaces the employer shall
retain the forms as provided by Subsection (e) of this section
but is not liable for violations committed by the former employer
under this chapter or rules adopted under this chapter, including
violations relating to the retention and preservation of forms
and attachments.
(h) Except as otherwise provided by this section, the employer
shall show the forms and attachments, on request, to an employee,
designated representative, treating medical personnel, or a
member of the community. The designated representative or
treating medical personnel are not required to identify the
employee represented or treated. If the employer has filed the
forms and attachments with the department, the employer shall
inform the requestor of that fact.
(i) If a designated representative or member of the community
desires a copy of a form and attachments and the employer refuses
to provide a copy, that person shall notify the department of the
request and the employer's refusal. Within two working days, the
department shall request that the employer provide the department
with all pertinent copies. The employer shall provide copies of
the form and attachments to the department within 24 hours after
the department's request if a designated representative desires
the copies, and within 14 days after the department's request if
a member of the community desires the copies.
(j) The employer may not refuse to provide the forms and
attachments to an employee or treating medical personnel.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988. Amended by Acts 1995, 74th Leg., ch. 419, Sec. 3.25, eff.
Sept. 1, 1995.
Sec. 125.006. MATERIAL SAFETY DATA SHEETS. (a) Chemical
manufacturers and distributors shall provide appropriate MSDSs to
purchasers in this state of chemicals covered by this chapter.
(b) Employers covered by this chapter shall maintain the most
current MSDS received from manufacturers or distributors for each
purchased chemical covered by this chapter. If an MSDS has not
been provided by the manufacturer or distributor for chemicals on
the workplace chemical list at the time the chemicals are
received at the workplace, the employer shall request one in
writing from the manufacturer or distributor in a timely manner.
This chapter does not require an employer who is not a chemical
manufacturer to create an MSDS.
(c) The department may require any person who has or obtains a
registration for a pesticide under Sections 76.041-76.048 of this
code to provide with the registration a copy of the most current
and complete MSDS for that pesticide.
(d) The department by rule may require chemical manufacturers to
submit MSDSs for chemicals covered by this chapter, excluding
chemicals covered by Subsection (c) of this section.
(e) All MSDSs in the files of the department are public records.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1.
Sec. 125.007. LABELS. (a) Existing labels on incoming
containers of chemicals covered by this chapter may not be
removed or defaced.
(b) Agricultural laborers may not be required to work with a
chemical covered by this chapter from an unlabeled container
except for a portable container intended for the immediate use of
the laborer who performs the transfer.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.008. EMERGENCY INFORMATION. (a) Employers covered by
this chapter and other entities who normally store products
labeled under the federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. Section 136 et seq.) in an amount in excess of 55
gallons or 500 pounds or an amount the department determines by
rule for certain highly toxic or dangerous chemicals covered by
this chapter within one-quarter mile of a residential area
composed of three or more private dwellings shall provide to the
fire chief of the fire department having jurisdiction over the
storage place, in writing, the names and telephone numbers of
knowledgeable representatives of the employer or other entity
storing the product who can be contacted for further information
or contacted in case of an emergency.
(b) Each employer, on request, shall provide a copy of the
workplace chemical list to the fire chief having jurisdiction
over the storage place. The employer shall notify the fire chief
of any significant changes that occur in the workplace chemical
list.
(c) The fire chief having jurisdiction over the storage place or
his representative, on request, shall be permitted to conduct
on-site inspections of the chemicals on the workplace chemical
list for the sole purpose of preparing fire department activities
in case of an emergency.
(d) Employers shall provide to the fire chief having
jurisdiction over the storage place, on request, a copy of the
MSDS for any chemical on the workplace chemical list.
(e) On request, the fire chief having jurisdiction over the
storage place shall make the workplace chemical list and MSDSs
available to members of the fire department having jurisdiction
over the workplace and to other personnel outside the fire
department who are responsible for preplanning emergency
activities, but may not otherwise distribute the information
without approval of the employer.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.009. TRAINING PROGRAM PROVIDED BY DEPARTMENT. (a) The
department in conjunction with the Texas Agricultural Extension
Service shall develop an on-going training program for
agricultural laborers. The program must provide information the
department considers appropriate, and must include:
(1) information on interpreting labels and MSDSs and the
relationship between those two methods of hazard communication;
(2) information on the proper storage, acute and chronic
effects, and safe handling of chemicals covered by this chapter;
(3) information on protective clothing and equipment and first
aid treatment to be used with respect to the chemicals covered by
this chapter; and
(4) general safety instructions on the handling, cleanup
procedures, and disposal of chemicals covered by this chapter.
(b) The department shall provide the training program in
counties with a hired farm labor work force of 2,000 or more,
according to the most recent United States Census of Agriculture.
The department by rule may determine to provide the training
program in additional counties with a significant farm labor work
force or based on other relevant factors. In all other counties,
the county office of the Texas Agricultural Extension Service
shall provide the training program.
(c) The department or the county office of the Texas
Agricultural Extension Service, as appropriate, shall notify
agricultural laborers on a regular basis of the training program
by public service announcements given by the media and shall
contact in writing charitable, public, religious, and health care
provider organizations to announce the training program to
agricultural laborers in the county served by the organization.
(d) In addition to the Texas Agricultural Extension Service, the
department may develop the training program in conjunction with
the Texas Department of Health, other appropriate state agencies,
clinics, hospitals, and other health care providers in counties
in which the training program will be conducted, and
organizations representing employers, organizations representing
employees, and organizations representing manufacturers of
chemicals covered by this chapter.
(e) The department shall prepare and make available to employers
appropriate training materials for employers covered by this
chapter and their managers and labor contractors.
(f) To help cover production costs, the department may charge
not more than $10 plus the cost of a blank videotape from a
person desiring to purchase the videotaped training program.
(g) The department or the county office of the Texas
Agricultural Extension Service, as appropriate, shall provide to
each agricultural laborer who completes the training program a
card evidencing participation in the program. An employer may not
refuse to hire an agricultural laborer solely because the laborer
does not have a card issued under this subsection. An employer
who refuses to hire an agricultural laborer for that reason is
not entitled to the 14 days' written notice provided by Section
125.016(d) of this code.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.010. CROP SHEET DEVELOPED BY DEPARTMENT. (a) The
department shall develop crop sheets that contain the following
information:
(1) the kinds of chemicals typically used on a particular crop;
(2) the typical time a chemical is applied to a particular crop;
(3) general safety information, including information on general
hygiene, clothing, contact with chemicals, medical symptoms,
pregnancy, and other relevant safety data;
(4) a notice of the training programs and the counties in which
the programs will be conducted;
(5) the availability of MSDSs for chemicals used on a particular
crop;
(6) the means of locating emergency medical information;
(7) agricultural laborers' rights under this chapter;
(8) the name and telephone number of the person to contact for
information under this chapter;
(9) the appropriate telephone number for emergency information;
and
(10) any other safety or health-related information the
department considers relevant.
(b) The information on the crop sheet must be printed in English
and Spanish, except that the information required by Subsections
(a)(1) and (a)(2) of this section is required to be printed only
in English. The department may provide crop sheets printed in
other languages commonly used by agricultural laborers who work
with a particular crop.
(c) The department shall develop the crop sheets in conjunction
with the Texas Department of Health, the Texas Agricultural
Extension Service, other appropriate state agencies, and clinics,
hospitals, and other health care providers in counties in which
training programs are provided by the department under Section
125.009 of this code.
(d) Annually, the department shall:
(1) provide appropriate crop sheets to clinics, hospitals, and
other health care providers that serve agricultural laborers and
that are located in counties in which the training program is
provided; and
(2) provide to an employer covered by this chapter one crop
sheet for each crop grown by that employer.
(e) The director of the Texas Feed and Fertilizer Control
Service under Section 63.003 of this code shall provide to the
department the information that is needed by the department under
Subsection (a) of this section for the fertilizers that are
covered by this chapter.
(f) For purposes of developing crop sheets under this chapter
and complying with other provisions of this chapter, nursery
stock, stored grain, and other logical groupings may be
considered a single crop as determined by rules adopted by the
department.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.011. CROP SHEET PROVIDED BY EMPLOYER. (a) An employer
covered by this chapter shall provide crop sheets to each
agricultural laborer pertaining to the crops that laborer will be
working with if:
(1) the laborer does not have a card issued under Section
125.009(g) of this code; or
(2) the laborer requests the crop sheets.
(b) An employer who is required under Subsection (a) of this
section to provide crop sheets to an agricultural laborer shall
ensure that the information on a crop sheet required by Sections
125.010(a)(3), (a)(4), and (a)(10) of this code that pertains to
the crops with which the laborer will be working is read to the
laborer at least once each work season. When the crop sheet is
read, the employer or the employer's agent shall inform the
laborer of the date on which chemicals covered by this chapter
were last applied or are scheduled to be applied to the field or
to other areas in which the laborer will be working and shall
inform the laborer of the time on which the reentry period, if
any, expired for chemicals covered by this chapter that have been
applied.
(c) If an employer is required under Subsection (b) of this
section to read a crop sheet to an agricultural laborer, the
employer or a person designated by the employer shall read the
appropriate crop sheets on the first day of each work season or
on the day the laborer begins employment with that employer,
whichever is later.
(d) In addition to the crop sheet, the department shall require
an employer to offer to the agricultural laborer, on the day on
which the laborer is given his first pay for that work season,
basic safety and health-related information approved by the
department. That information shall be available to the employers
free of charge.
(e) An employer who does not provide or read the crop sheets as
required by this section is not entitled to the 14 days' written
notice provided by Section 125.016(d) of this code.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.012. PROTECTIVE CLOTHING. An employer covered by this
chapter shall provide any protective clothing or device that is
recommended by the MSDS, crop sheet, or department rule and that
is in addition to the standard long-sleeved shirt, long pants,
boots or shoes, and socks normally provided by the agricultural
laborer.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.013. RIGHTS OF AGRICULTURAL LABORERS. (a)
Agricultural laborers employed by employers covered by this
chapter who may be exposed to chemicals covered by this chapter
shall be informed of the exposure and shall have access to the
workplace chemical list and MSDSs for those chemicals. Laborers,
on request, shall be provided a copy of a specific MSDS. In
addition, laborers shall receive training 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 as required by this chapter. These
rights are guaranteed on January 1, 1988.
(b) An employer covered by this chapter may not discharge, cause
to be discharged, otherwise discipline, or in any manner
discriminate against an agricultural laborer because the laborer
has made an inquiry, filed a complaint, assisted an inspector of
the department who may make or is making an inspection under
Section 125.016 of this code, instituted or caused to be
instituted any proceeding under or related to this chapter,
testified or is about to testify in such a proceeding, or
exercised any rights afforded under this chapter on behalf of the
laborer or on behalf of others. Pay, position, seniority, or
other benefits may not be lost as the result of the exercise of
any right provided by this chapter.
(c) Any waiver by an agricultural laborer of the benefits or
requirements of this chapter is against public policy and is
void. Any employer's request or requirement that a laborer waive
any rights under this chapter as a condition of employment is a
violation of this chapter.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.014. DEPARTMENT RULES; OUTREACH PROGRAM. (a) The
department may adopt rules and administrative procedures
reasonably necessary to carry out the purposes of this chapter.
(b) The department shall develop and provide to each employer
covered by this chapter a suitable form of notice providing
agricultural laborers with information regarding their rights
under this chapter.
(c) As part of an outreach program, the department shall develop
and distribute a supply of informational leaflets on employers'
duties, agricultural laborers' rights, the public's ability to
obtain information under this chapter, the outreach program, and
the effects of chemicals covered by this chapter.
(d) The department may contract with a public institution of
higher education or other public or private organizations to
develop and implement the outreach program.
(e) The department shall publicize the availability of
information to answer inquiries from agricultural laborers,
employers, or the public in this state concerning the effects of
chemicals covered by this chapter.
(f) In cooperation with the department, an employer covered by
this chapter may provide an outreach program in the community.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.015. LIABILITY UNDER OTHER LAWS. (a) The provision of
information to an agricultural laborer does not in any way affect
the liability of an employer with regard to the health and safety
of a laborer or other person exposed to chemicals, nor does it
affect the employer's responsibility to take any action to
prevent the occurrence of occupational disease as required under
any other provision of law.
(b) The provision of information to an agricultural laborer does
not affect any other duty or responsibility of a manufacturer,
producer, or formulator to warn ultimate users of a chemical
under any other provision of law.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988.
Sec. 125.016. COMPLAINTS, INVESTIGATIONS, AND PENALTIES. (a)
Complaints received in writing from agricultural laborers or
their designated representatives relating to alleged violations
of this chapter by employers covered by this chapter shall be
investigated in a timely manner by the department as provided by
this section.
(b) Officers or representatives of the department, on
presentation of appropriate credentials, have the right of entry
into any workplace at reasonable times to inspect and investigate
complaints for purposes of determining compliance with this
chapter.
(c) The department shall complete an investigation of a
complaint not later than 90 days after the date on which the
complaint is filed. A hearing shall be conducted under Section
12.032 and an enforcement order issued, if appropriate, not later
than 90 days after the date on which the investigation is
completed. If it is necessary to commence an action relating to
an alleged violation, the action must be commenced not later than
60 days after the date on which the investigation is completed.
(d) After providing at least 14 days' written notice and an
opportunity for a public hearing, the department may issue an
enforcement order requiring any employer or chemical manufacturer
covered by this chapter to comply with this chapter or rules
adopted under this chapter. A public hearing held under this
subsection is a contested case under Chapter 2001, Government
Code, and may be appealed under that chapter. In the case of a
medical emergency, the department may issue an enforcement order
immediately and shall provide the opportunity for a hearing on
the order within 10 days after the date on which the order is
issued.
(e) In the case of a medical emergency, the department may sue
in the name of the State of Texas to enjoin any violation of this
chapter or a rule adopted or enforcement order issued by the
department under this chapter.
(f) If required under this chapter, employers who knowingly
disclose false information or negligently fail to disclose a
hazard are subject to a civil penalty of not more than $5,000 per
violation. This section does not affect any other right of an
agricultural laborer or any other person to receive compensation
for damages under other law.
(g) If required under this chapter, employers who proximately
cause an injury to an individual by knowingly disclosing false
hazard information or knowingly failing to disclose hazard
information are subject to a criminal fine of not more than
$25,000. This section does not affect any other right of an
agricultural laborer or any other person to receive compensation
for damages under other law.
(h) The department may request the attorney general to represent
the department in any legal proceeding authorized under this
chapter. An action for civil or criminal penalties or injunctive
relief shall be brought in the county in which the alleged
violation occurred or is occurring.
(i) Each violation of this chapter or a rule adopted under this
chapter constitutes a separate offense.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 419, Sec. 3.26,
eff. Sept. 1, 1995.
Sec. 125.017. COMPLIANCE WITH HAZARD COMMUNICATION ACT. (a) If
an employer is required to comply with Chapter 502, Health and
Safety Code and with this chapter, the employer is required to
comply with only the Hazard Communication Act. However, if an
agricultural laborer is not covered under the Hazard
Communication Act, the employer shall comply with this chapter
for those laborers not covered by the Hazard Communication Act.
(b) If an employer is covered by both the Hazard Communication
Act and this chapter, the employer is required to furnish a
workplace chemical list under only one of those laws.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1,
1988. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(92), eff.
Sept. 1, 1991.