Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in these sections, shall
													 have the following meanings unless the context clearly indicates otherwise.
(1) Act--The Hazard Communication Act, the Health and Safety Code, Chapter
											  502.
(2) Appropriate hazard warning--Any words, pictures,
											  symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the
											  health and physical hazards, including the target organ effects of the chemical(s) in the
											  container(s).
(3) Appropriate personal protective equipment (PPE)
											  or protective equipment -Equipment that is provided to an employee by the employer and provides a level of
											  protection to chemicals to which the employee may be exposed that will be adequate to ensure their health and
											  safety based on current industry standards. In determining the selection of PPE, the employer shall consider
											  all routes of entry, permeability of PPE materials, the duties being performed by the employee, the hazardous
											  chemicals present, and such other factors as may affect the performance of the equipment. The employer must
											  ensure that the provided equipment fits the individual employee and is functional for its intended use as
											  described by the manufacturer's specifications.
(4)
											  Asphyxiation--A death or injury from suffocation that is caused by a chemical and which is due to
											  interference with the oxygen supply of the blood, other than drowning.
(5) Categories of hazardous chemicals--A grouping of hazardous chemicals
											  with similar hazard properties.
(6) Commissioner of Health--the
											  director of the Texas Department of Health, as referenced in the Health and Safety Code, §
										502.003(8).
(7) Container--Any bag, barrel, bottle, box, can, cylinder, drum, reaction
											  vessel, storage tank, or the like that contains a hazardous chemical or contains multiple smaller containers
											  of an identical hazardous chemical. The term "container" does not mean pipes or piping systems, nor does it
											  mean engines, fuel tanks, or other operating systems in a vehicle. A primary container is the one in which
											  the hazardous chemical is received from the supplier. A secondary container is one to which the hazardous
											  chemical is transferred after receipt from the supplier.
(8)
											  Department--The Texas Department of Health.
(9) Emergency service
											  organization--Any organization established to provide the following services for the general public: fire
											  prevention and suppression, hazardous materials response operations, or emergency medical services. An
											  emergency service organization may consist of volunteer members or be a unit of a political subdivision of
											  the state with compensated employees.
(10) Employee education and
											  training program--Actual instruction, regardless of the technology or method used to deliver it, provided by
											  the employer to employees as required by the Act, §502.009. This program is the instruction of employees
											  and records of training, as opposed to a written plan for training.
(11) Employer--The overall organizational public entity rather than
											  individual facilities or workplaces. Examples of public employers are an entire state agency, a county, a
											  city, a public school district, a public university, a public college or community college, a river
											  authority, a public hospital, or a volunteer emergency service organization. Each university, college, or
											  community college in a university or college system shall be considered as a separate employer under the
											  Act.
(12) Handle--To touch, move, or manipulate hazardous
											  chemicals.
(13) Health hazard--A chemical for which there is
											  statistically significant evidence based on at least one study conducted in accordance with established
											  scientific principles that acute or chronic health effects may occur in exposed employees. The term "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
											  hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.
(14) Label--Any written, printed, or graphic material displayed on or
											  affixed to containers of hazardous chemicals.
(15) OSHA
											  Standard--The Hazard Communication Standard of the United States Department of Labor, Occupational Safety and
											  Health Administration (OSHA), Title 29 Code of Federal Regulations, 1910.1200.
(16) Stationary process container--A tank, vat, or other such container
											  which holds different hazardous chemicals at different times.
(17) Workplace--A contiguous facility that is staffed 20 hours or more per
											  week, unless such a facility is subdivided by the employer. Normally this subdivision would be a building,
											  cluster of buildings or other structures, or complex of buildings, but could be for a portion of a building
											  if the employer chooses. Noncontiguous properties are always separate workplaces unless they are temporary
											  workplaces, in which case they can be either work areas of a headquarters workplace or separate workplaces,
											  at the discretion of the employer.
(18) Written hazard
											  communication program--A document which describes an employer's program for compliance with those
											  requirements of the Act imposed on the employer.