APPENDIX C

The Texas Hazard Communication Act (THCA), Revised 1993, Chapter 502 of the Health and Safety Code (HSC), requires public employers to provide information to employees regarding hazardous chemicals they may be exposed to in the workplace. The Public Employer Community Right-to-Know Act, Chapter 506 of the Health and Safety Code, and Texas Administrative Code (TAC), Title 25 Chapter 295, requires public employers to make information regarding hazardous chemicals accessible to local fire departments, local emergency planning committees, and, through the Texas Department of Health (TDH), the general public.

The TAMU HazCom Program is administered through the EHSD with responsibility for compliance delegated throughout administrative channels to every supervisor. The TAMU HazCom Program applies to all TAMU and TAMUS employees at the Main Campus (College Station), Riverside Campus (Bryan), and other designated University facilities. Student employees that have occupational exposure to hazardous chemicals are covered by this program.

TAMU, through the TAMU HazCom Program, will comply with the THCA by providing training, appropriate personal protective equipment, and information regarding hazardous chemicals. In addition, written plans that describe how the TAMU HazCom Program will be implemented will be maintained within each workplace.

The provisions of this program do not apply to chemicals in the following categories:

• Hazardous waste regulated under the Federal Resource Conservation and Recovery Act;
• Tobacco or tobacco products;
• Wood or wood products;
• Any article that is formed to a specific shape or design during manufacture, that has end-use functions dependent in whole or in part of 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);
• Food, drugs, cosmetics, or alcoholic beverages in a retail food sale establishment that are packaged for sale to consumers;
• Food, drugs, or cosmetics intended for personal consumption by an employee while in the workplace;
• Any consumer product or hazardous substance if the product 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;
• Any drug, as defined in the Federal Food, Drug, and Cosmetic Act;
• Radioactive waste;
• A hazardous chemical in a sealed and labeled package that is received and subsequently sold or transferred in that package if:
• Seal and label remain intact while in the workplace;
• Chemical does not remain in the workplace more than five working days;
• Personnel training requirements are met; and
• Chemical is not an extremely hazardous substance at or above the threshold planning quantity or 500 pounds, whichever is less.

Chemicals in a research laboratory are exempt from secondary labeling requirements and inventory requirements if:

• Laboratory is under the direct supervision or guidance of a technically qualified individual.
• Labels on primary containers of chemicals are not removed or defaced.
• Personnel training requirements are fulfilled.
• MSDS access requirements are satisfied.
• Laboratory is not used primarily to produce hazardous chemicals in bulk for commercial purposes.

Note: Labels for small containers, such as test tubes or vials, may be attached to the rack or container in which they are held.

The Unit Head will assure implementation and compliance with the HazCom Program within their units as follows:

• Develop a written procedure that describes the method of implementing the TAMU HazCom Program within the Unit (Complete Attachment 2).
• Report any incident requiring outside medical assistance to the Director of EHSD.
• Designate work areas within each workplace (see definitions for work area).
• Post official "Notice to Employees" (Fig. AF1) at locations in each work area.
• Provide to the Director of EHSD by 1 November of each year the following:
• Annual Work Area Chemical Inventory (WACI) for each work area other than a research laboratory;
• WACI updates to the Director of EHSD, whenever a new chemical or additional quantity above normal restocking amounts of chemical is purchased;
• Annual notice of training completion (e.g., memo); and
• Names and telephone numbers of emergency contacts.
• Maintain training records for a minimum of 5 years.
• Assure that MSDSs on hazardous chemicals purchased are available, as required.
• Provide employees with appropriate personal protective equipment and ensure the equipment fits the individual.
• Inform employees of any non-routine chemical exposure.
• Provide to the Director of EHSD, the name, campus address, e-mail address and phone number of the person with primary responsibility for HazCom coordination and compliance within the Unit.

The TAMU Director of EHSD administers and coordinates the HazCom Program for TAMU and designated University facilities. Duties of the Director include:

• Assign designated Workplaces at TAMU (College Station) and the Riverside Campus (Bryan).
• Assist Units with the implementation of, and compliance with this Program.
• Maintain liaison with the TDH (1-800-452-2791) as follows:
• Submit required annual Texas Tier Two report and fee to the Commissioner of Health by March 1 of the following year and
• Report orally or in writing, within 48 hr, the occurrence of a chemical accident that results in one or more fatalities or the hospitalization of five or more employees (this is to include circumstances of the accident, the number of fatalities, and the extent of injuries) HSC 502.0.
• Compile, maintain, and provide designated WPCI lists.
• Maintain the WPCI lists for 30 years.
• Provide a copy of the annual Texas Tier Two report to the Local Emergency Planning Committee and to the local fire department(s).
• Provide the names and telephone numbers of emergency contacts to the local fire department(s), and provide WPCI lists and MSDSs upon request.
• Allow for inspections by the local fire department.

Supervisors will ensure that the requirements of the TAMU HazCom Program and Unit Implementation Plan are fulfilled within their work areas. Their duties include the following:

• Ensure that all employees have received appropriate training before working with or in an area containing hazardous chemicals.
• Provide to the Unit Head all HazCom training records.
• Conduct and maintain the work area inventory list, as appropriate.
• Inform employees regarding the location of the work area inventory and procedures for accessing MSDSs and obtaining workplace chemical inventory lists.
• Inform the Unit Head whenever a new chemical or additional quantity above normal restocking amounts of chemical is purchased. (Not required for chemicals in research laboratories.)

Employees will fulfill the following requirements:

• Attend training.
• Use prudent practices and good judgment when using hazardous chemicals or hazardous procedures.
• Notify other individuals who might be affected by the chemicals they use.

Note: Personnel who work with hazardous materials are expected to assume reasonable responsibility for the safety and health of themselves, others around them, and the environment.

Construction, repair, and maintenance contractors will comply with Texas and Federal Hazard Communication Acts and the TAMU HazCom Program regarding hazardous or nuisance materials used during projects within TAMU facilities and property as follows:

• Contractor will provide to the TAMU Project Coordinator a list of any hazardous or nuisance materials to be used on the project and will provide appropriate hazard information including MSDSs.
• Contractor will provide prior notification of intended use of hazardous or nuisance materials to the TAMU Project Coordinator, the EHSD, and the Unit Head of any affected TAMU workplace.
• TAMU Project Coordinator will provide to the EHSD pertinent information including MSDS for the chemicals involved.
• Unit Head will ensure that individuals in the affected workplace be provided information on the hazards of the chemicals, measures that they can take to protect themselves from those hazards, and access to MSDS.

Planned or Accidental Releases

Party(ies) responsible for the release of hazardous or nuisance materials will notify all individuals in the affected area, the Unit Head, and the EHSD. The responsible party(ies) will also provide to the EHSD appropriate precautionary information, including MSDSs for the chemicals involved. The Unit Head will ensure that individuals in the affected area are provided information on the hazards of the chemicals, measures that they can take to protect themselves from those hazards, and access to MSDSs. Planned releases are not a substitute for proper waste disposal.

An official TDH "Notice to Employees" (Fig. AF1) will be posted at the location(s) within each workplace where notices are normally posted. EHSD will ensure that TAMU employees who may be exposed to hazardous chemicals (including products with which they do not work directly) are informed of the exposure and are provided access to the pertinent workplace chemical lists and MSDSs for those hazardous chemicals.

An employee shall not be disciplined, harassed, or discriminated against by an employer for filing complaints, assisting inspectors of the TDH, participating in proceedings related to the THCA, or exercising any rights under the THCA. Employees cannot waive their rights provided by the THCA.

Employee education and training are essential components of the TAMU HazCom Program. Appropriate training will be provided to employees who use or handle hazardous chemicals as part of their normal work assignments. Training of a new or newly assigned employee will be given before the employee works with or handles hazardous chemical. Employees will receive 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.

Training topics will include the following:

• Interpreting MSDSs and labels and the relationship between the two methods of hazard communication;
• Location of MSDSs and methods for obtaining MSDSs;
• Hazards associated with applicable categories of hazardous chemicals (e.g., flammable, corrosive, toxic, and reactive) including acute and chronic effects;
• Methods for identifying specific chemicals within each chemical hazard group (e.g., DOT labels, NFPA 704 system, chemical container labels);
• Identity and location of hazardous chemicals the employee will handle;
• Safe handling procedures, including proper storage and separation of incompatibles;
• Location, selection, use, and care of appropriate protective clothing and equipment to minimize exposure to hazardous chemicals;
• First aid treatment to be used with respect to the hazardous chemicals the employee will handle; and
• Instructions on spill cleanup procedures and proper disposal of hazardous chemicals.

Lab Personnel/Students

All personnel who work in laboratories and laboratory support facilities will receive the appropriate training. Students enrolled in laboratory courses will receive appropriate safety information and instruction if classwork involves hazardous chemicals; the instructor or class supervisor will provide this training.

Training Records

Each Unit will maintain, for at least 5 years, a record of each employee training session, including:

• Date of training;
• Attendance roster;
• Specific topics covered; and
• Names of the instructor(s).

Documentation of HazCom training should also be placed in the employee's personnel file.

Notification of Training Completion

Units will provide annual written notice of training completion to the Director of EHSD stating that the required training for all Unit employees has been completed. This may be accomplished by a letter or memo.

MSDSs are legal documents that provide hazard information on chemicals or chemical products produced or distributed in the United States. Federal and State laws require employers to provide employees access to MSDSs on hazardous chemicals or chemical products in the work environment. Each Unit will implement the following procedures:

• Maintain a file of current MSDSs for all hazardous chemicals purchased. The file may be electronic or printed and must be readily available, on request, for review by employees at their workplace. It is recommended that MSDSs be maintained within each work area (e.g., laboratory, shop) for those hazardous chemicals being used;
• Provide a copy of MSDSs to the Director of EHSD upon request.
• Submit a request within 30 days to any manufacturer who fails to supply a current MSDS with a hazardous chemical that was purchased;

A copy of an MSDS may also be obtained through the EHSD by calling 845-2132 or from ehsd-online.tamu.edu.

WACI (Excluding Research Laboratories)

Each work area (e.g., teaching laboratory, chemical stock room, paint shop, art room, print center; but not research laboratories. See NOTE, below) will maintain an inventory list of all hazardous chemicals or chemical products present in the work area, regardless of quantity. The hazardous chemicals or products will be listed using the same name found on the label and MSDS. The WACI will include the following information, as appropriate:

• Name and telephone number of the person responsible for the work area and the name and signature of the person responsible for compiling the inventory;
• Unit name;
• Location of the hazardous chemicals (building and room);
• Chemical name or the common name of a product and its hazardous ingredients;
• CAS number;
• Container type;
• Hazard associated with the chemical; and
• Quantity of product in pounds.

The supervisor of each work area will update and provide the inventory to the Unit Head annually, upon request, and when necessary. A WACI will be updated when a new chemical or additional quantity above normal restocking amounts of chemical is purchased. The Unit Head will provide the inventories to the Director of EHSD by 1 November each year and as necessary. The Unit will maintain a copy of each WACI for the current year and these will be readily accessible to employees.

The Director of the EHSD will use the WACIs to compile a WPCI. The WPCI includes only those hazardous chemicals in a designated workplace that are equal to or greater than the "workplace reporting threshold." If a designated WPCI–HSC 502.006 workplace is occupied by more than one Unit, a single WPCI will be compiled by combining WACIs for all Units within the workplace. The EHSD employee responsible for compiling the WPCI will sign and date it. The WPCI will remain on file at the EHSD for 30 years. A new WPCI for each designated workplace will be compiled by 31 December each year, or as needed. TAMU employees may obtain a copy of the WPCI from the EHSD, upon request.

Tier Two Report–HSC 295.182(d); 506.006

The Director of EHSD will compile a Texas Tier Two Report for TAMU Main Campus, Riverside Campus, and other designated University facilities. A separate report will be completed for each facility. The Texas Tier Two Report includes all hazardous chemicals and chemical products exceeding 10,000 lb and all extremely hazardous substances exceeding 500 lb or the Threshold Planning Quantity, whichever is less. (A list of Extremely Hazardous Substances and the Threshold Planning Quantities are available through the EHSD Web homepage). The report will be submitted by 1 March each year, for the preceding calendar year, to the TDH with the appropriate filing fees. A copy of the Tier Two Report will remain on file at the EHSD until the following year's report is filed with the TDH. A copy of each Texas Tier Two Report is sent to the Local Emergency Planning Committee, the College Station Fire Department, and the Bryan Fire Department. The Tier Two Report will be revised and reported to TDH and local agencies, as appropriate.

Containers of hazardous chemicals will be properly labeled as follows.

• Labels on primary containers must:
• Identify the material as it is on the MSDS;
• Include appropriate hazard warnings (an appropriate hazard warning includes the key word(s) of the chemical hazard such as, poison, flammable, corrosive, carcinogen, etc.; and
• Include the manufacturer's name and address.
• Labels on an existing container of a hazardous chemical may not be removed or defaced unless they are illegible, inaccurate, or do not conform to the OSHA Hazard Communication Standard or other labeling requirement. If a primary container label is removed or missing, the container must be relabeled with at least the information above.
• Labels on secondary containers of non-research laboratory chemicals will include the chemical identity, as it appears on the MSDS, and appropriate hazard warnings
• Complete labels are not required on portable container(s) intended for the immediate (within a work shift) use by the employee who performs the transfer. However, the contents should be readily identifiable.

Chemical Name

The scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) of the Chemical Abstracts Service (CAS) rules of nomenclature or a name that clearly identifies the chemical for the purpose of conducting a hazard evaluation.

Common Name

A designation of identification, such as a code name, code number, trade name, or generic name, used to identify a chemical other than by its chemical name.

Employee

A person who is on the payroll of TAMU and who may be or may have been exposed to hazardous chemicals in the person's workplace under normal operating conditions or foreseeable emergencies.

Expose/Exposure

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.

Extremely Hazardous Substance

Any substance as defined in EPCRA, Section 302, or listed by the United Sates Environmental Protection Agency in 40 CFR Part 355. The list of Extremely Hazardous Substances and Threshold Reporting Quantities can be accessed through the EHSD Web homepage (ehsd-online.tamu.edu).

Hazardous Chemical

Any element, compound, or mixture of elements or compounds that is a physical or health hazard. Relatively innocuous materials such as NaCl, sugars, enzymes, and so on, are exempt. 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 best professional judgment; factors such as quantity, concentration, physical properties (i.e., volatility) and use may be considered.

HazCom

Hazard Communication

Health Hazard

Includes chemicals that 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.

HSC

Texas Health and Safety Code.

Laboratory

Any research, analytical, or clinical facility equipped for experimentation, observation, or practice in a science or for testing and analysis.

Name

Chemical identity on the container label, the MSDS, and inventory list.

Personal Protective Equipment

Includes clothing or devices intended to prevent exposure to hazardous chemicals (e.g., respirator, gloves, lab coat).

Physical Hazard

A material for which there is scientifically valid evidence that it is a combustible liquid, explosive, flammable, compressed gas, organic peroxide, oxidizer, pyrophoric, unstable (reactive), or water reactive.

Primary Container

The container in which the chemical arrives from the manufacturer.

Readily Available

Access during an individual's work shift.

Research Laboratory

Facility equipped for scientific investigation or experimentation aimed at the discovery and interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of new or revised theories or laws. Note: For the purposes of the Texas Hazard Communication, this does not include teaching laboratories or chemical stock rooms.

TDH

Texas Department of Health.

Texas Tier Two Report

The report submitted annually to the TDH that reports quantities of hazardous chemicals per the Texas Tier Two Report from TDH.

Unit

A department, service, or other distinct administrative organization.

Work Area

A room, defined space, utility structure, or emergency response site within a workplace where hazardous chemicals are present, produced, used, or stored and where employees are present.

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. TAMU workplaces are designated by the Director of Environmental Health and Safety.

Workplace Chemical Inventory

The list of hazardous chemicals in a designated workplace.

Workplace Reporting Threshold

The quantity (at any time during the year) of a hazardous chemical exceeds 55 gal/500 lb or the Threshold Planning Quantity (TPQ) in pounds, or 500 lb, whichever is less, for those chemicals on the Extremely Hazardous Substance List.