Texas Agriculture Code
§ 125.005 — WORKPLACE CHEMICAL LIST FORM, MAINTENANCE, AND ACCESS
AG § 125.005Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · Part G. WORKPLACE CHEMICALS · Ch. 125. AGRICULTURAL HAZARD COMMUNICATION ACT
Statute text
View on source(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.
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Legislative history
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.