10.18 Compliance with the Texas Hazard Communication Act

I. POLICY STATEMENT

The University of Texas at San Antonio (UTSA) is committed to be in full compliance with the Hazard Communication Act (Texas Constitution and Statutes), as per the State of Texas 69th Legislature revised Title 83, Vernon's Texas Civil Statutes, to include Article 5182b.

II. RATIONALE

The Act requires that employers compile and maintain a workplace chemical list (WCL) for each hazardous chemical posing a health hazard and normally used or stored in the workplace. In addition, the Act is to ensure that employers provide sufficiently comprehensive information to employees so as to allow employees to have personal protection from hazardous chemicals/substances to which they may be exposed during their normal employment activities or in emergency situations. The intent of the Act is to include compliance by non-manufacturing workplaces not covered by the federal OSHA standard.

III. SCOPE

This policy is applicable to all researchers, staff, and students, who will be exposed to hazardous chemicals/substances in their normal employment activities or in emergency situations. The procedures, as detailed below, are furnished as a guide to UTSA faculty and staff to enable them to comply with the State of Texas "Hazard Communication Act" and rules published by the Texas State Board of Health and are necessary to ensure that UTSA meets its obligations to faculty, staff and students.

IV. WEBSITE ADDRESS FOR THIS POLICY

http://www.utsa.edu/hop/chapter10/10.18.html

V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

1. State Statutes
   1. Hazard Communications Act ( Texas Constitution and Statutes )
2. Other Policies and Standards
   1. Partial list of available data sources that may be consulted when performing a hazard determination:
      1. OSHA 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances(1910 Subpart Z - Toxic and Hazardous Substances | Occupational Safety and Health Administration )
      2. Chemical Abstracts (Chemical Abstracts Service - National Historic Chemical Landmark - American Chemical Society )
      3. Registry of Toxic Effects of Chemical Substances, NIOSH 80-102 (Registry of Toxic Effects of Chemical Substances – 1980 Edition, Volumes I and II )
      4. Threshold Limit Values for Chemical Substances and Physical Agents (TLV/BEI Guidelines - ACGIH )
      5. Material Safety Data Sheets (MSDS) (Safety Data Sheets | Free SDS Database | ChemicalSafety)

VI. CONTACTS

If you have any questions about this HOP 10.18, Compliance with the Texas Hazard Communication Act, contact the following office:

1. Office of Research Integrity (ORI)
   210-458-6587

VII. DEFINITIONS

1. Health Hazard: The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizes, hepatoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes or mucous membranes, those having a Permissible Exposure Limit (PEL) or Threshold Limit Value (TLV), and radioactive materials.
2. Non-Manufacturing Employer: A non-manufacturing employer means an employer with a workplace engaged in transportation services, communications, electric, gas, sanitary services, auto repair and services, miscellaneous report services, health services, education services, which includes studios and chemical labs, and art galleries. The Texas Act includes many of UTSA's activities where employees and students may be exposed in the work area to hazardous chemicals/substances under normal operating conditions.
3. Workplace: A workplace means a division, unit or separate activity at one geographical location comprised of one or more work areas.
4. Workplace Chemical List (WCL): The Act requires that employers compile and maintain a workplace chemical list (WCL) for each hazardous chemical posing a health hazard and normally used or stored in the workplace.
5. Work Area: A work area means a classroom, studio lab, a room or a defined space where hazardous chemicals are used and where employees or students are present.

VIII. RESPONSIBILITIES

1. Deans, Department Chairs and administrative supervisors will take immediate action to comply with this policy, as applicable within their areas of responsibility.
2. Campus Safety Officer: An appointed UTSA employee that is the designated representative to assure full compliance with the Act.

IX. PROCEDURES

1. The Act requires that employers compile and maintain a workplace chemical list (WCL) for each hazardous chemical posing a health hazard and normally used or stored in the workplace.
2. To accomplish a WCL, specific chemicals in use or storage in each work area must be identified. The work area lists should be compiled and consolidated to comprise the WCL. The original shall be maintained at workplace level and a copy of the WCL furnished to the Office of Occupational and Safety Programs for monitoring and recordkeeping. The WCL shall contain the following information:
   1. The chemical name and the common name on the Material Safety Data Sheet (MSDS) and/or the container label.
   2. The manufacturers/distributor name and catalog number pertaining to the chemical name.
   3. The quantity in use and/or in storage.
   4. The work area in which the hazardous chemical is normally stored or used.
3. The WCL shall be updated as necessary but not less frequently than annually. The WCL must be readily available to employees. New or newly assigned employees shall be made aware of the WCL before working with or in a work area containing hazardous chemicals.
4. The WCL shall be maintained by the employer (UTSA) for 30 years. The Office of Occupational and Safety Programs is designated as the office of record to meet this responsibility.
5. Material Safety Data Sheets (MSDS): Chemical manufacturers and distributors are required to provide UTSA with appropriate MSDS for the hazardous chemicals purchased. The Occupational and Safety Programs Office will maintain a central file for the most current MSDS, and inquiries related to information normally found in MSDS will be forwarded to that office. MSDS shall be readily available, on request, for review by employees in each work area. When an MSDS is received by the Occupational and Safety Programs Office from the supplier, a copy will be furnished to the work area supervisor.
6. Labels:
   1. The Act requires that existing labels or labels on incoming containers of hazardous chemicals may not be removed or defaced.
   2. Employees may not be required to work with a hazardous chemical from an unlabeled container.
7. Education and Training:
   1. The Act requires that every employer shall provide, at least annually, an education and training program which must include, as appropriate, information on interpreting labels and MSDS and the relationship between those two methods of hazardous communication; the location, acute and chronic effects, safe handling procedures, personal protective equipment, and first-aid treatment to be used with respect to the hazardous chemicals used by the employers.
   2. Training relating to general safety instructions on the handling, cleanup procedures, and disposal of hazardous chemicals will be given to employees. Employers shall keep a record of the dates of training sessions given to employees, and a memorandum for the record will be furnished to the Office of Occupational and Safety Programs.
8. Employee Rights:
   1. Employees who may be exposed to hazardous chemicals shall be informed of the exposure. A notice that a work area has been designated as a hazardous area shall be posted at the entrance to the work area.
   2. Employees shall have access to the workplace chemical list and MSDS for the hazardous chemicals.
   3. Employees, on request, shall be provided with a copy of a specific MSDS with trade secret information, if any, deleted.
   4. Employees shall receive instruction on measures they can take to protect themselves from hazardous chemicals.
   5. Employees shall be provided with the appropriate personal protective equipment.
9. Knowledgeable Representative: Each work area shall have a designated "knowledgeable representative." This person's name will appear on emergency forms posted at the entrance to each hazardous work area.
10. Exemptions: The provisions of the Act do not apply to chemicals that do not result in a hazardous exposure under normal conditions of use, products labeled under the Federal Insecticide, Fungicide, and Rodenticide Act, hazardous waste managed under the Texas Water Commission, and radioactive waste managed under the Texas Department of Health Bureau of Radiation Control.
11. Penalties:
    1. The Act prescribes administrative penalties and civil or criminal fines ranging from $50.00 to $100,000.00 for violations of the Act.
    2. The Act does not affect any other right of the employee to receive compensation for damages under the law.

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION

None

XI. FORMS AND TOOLS/ONLINE PROCESSES

None

XII. APPENDIX

None

XIII. Dates Approved/Amended

07-31-2026
06-20-2022
01-21-2022
01-01-1991