reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter C - TEXAS REGULATIONS FOR CONTROL OF RADIATION › Section 289.101 - Memorandum of Understanding Between the Department of State Health Services and the Texas Commission on Environmental Quality Regarding Radiation Control Functions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this Memorandum
											  of Understanding (MOU) between the Department of State Health Services (DSHS) and the Texas Commission on
											  Environmental Quality (TCEQ) regarding the regulation of sources of radiation is to acknowledge each agency's
											  respective jurisdiction and duties under Health and Safety Code (HSC), Chapter 401. Pursuant to HSC,
											  §401.414, the separate areas of each agency's jurisdiction are articulated; and the duties and
											  responsibilities of and between the two agencies are clarified. This MOU is adopted between DSHS and TCEQ to
											  ensure that regulation of radiation sources is consistent with HSC, Chapter 401; avoids duplication of
											  effort; and results in a well-coordinated, consistent regulatory scheme.
(b) Definitions. The words and terms used in this section shall have the
											  same meaning as defined in the HSC, §401.003, unless the context clearly indicates otherwise.
(c) Jurisdiction.
(1) DSHS is the Texas
											  Radiation Control Agency. DSHS has jurisdiction over activities and substances regulated under HSC, Chapter
											  401, except as provided by HSC, §401.011(b) and Subchapters E, F, G, and K of Chapter 401.
(2) TCEQ has jurisdiction to regulate and license:
(A) the disposal of radioactive substances;
(B) the processing or storage of low-level radioactive waste or naturally
											  occurring radioactive material (NORM) waste received from other persons, except oil and gas NORM;
(C) the recovery or processing of source material in accordance with HSC,
											  Chapter 401, Subchapter G;
(D) the processing of by-product
											  material as defined by HSC, §401.003(3)(B); and
(E) sites
											  for the disposal of:
(i) low-level radioactive waste;
(ii) by-product material; or
(iii) NORM waste.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter C - TEXAS REGULATIONS FOR CONTROL OF RADIATION › Section 289.102 - Memorandum of Understanding between the Department of State Health Services and the Railroad Commission of Texas Regarding Radiation Control Functions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this Memorandum of
											  Understanding (MOU) is to delineate areas of respective jurisdiction and to coordinate the respective
											  responsibilities and duties of the Department of State Health Services (DSHS) and the Railroad Commission of
											  Texas (RRC) in the regulation of sources of radiation in accordance with Health and Safety Code, §
										401.414, in order to provide a
											  consistent approach and to avoid duplication. Nothing in this MOU shall be construed to reduce the statutory
											  authority of either agency.
(b) Definitions. The words and terms
											  used in this section shall have the same meaning as defined in the Health and Safety Code, §
										401.003, unless the context clearly indicates
											  otherwise. Oil and gas naturally occurring radioactive material (NORM) waste is defined in the Health and
											  Safety Code, §
										401.003(27), as solid, liquid, or
											  gaseous material or combination of materials, excluding source material, special nuclear material, and
											  by-product material, that:
(1) in its natural physical state spontaneously
											  emits radiation;
(2) is discarded or unwanted;
(3) is not exempt by DSHS rule adopted under Health and Safety Code, §
											401.106;
											  and
(4) constitutes, is contained in, or has contaminated oil and
											  gas waste as that term is defined in the Natural Resources Code, §
											91.1011.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter C - TEXAS REGULATIONS FOR CONTROL OF RADIATION › Section 289.130 - Radiation Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The board. A Radiation Advisory Board shall be appointed under and
											  governed by this section.
(1) The name of the board shall be the Radiation
											  Advisory Board (board).
(2) The board is required to be
											  established by Health and Safety Code, §
											401.015.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter D - GENERAL › Section 289.202 - Standards for Protection Against Radiation from Radioactive Materials

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) This section establishes standards for protection against ionizing
											  radiation resulting from activities conducted in accordance with licenses issued by the agency.
(2) The requirements in this section are designed to control the receipt,
											  possession, use, and transfer of sources of radiation by any licensee so the total dose to an individual,
											  including doses resulting from all sources of radiation other than background radiation, does not exceed the
											  standards for protection against radiation prescribed in this section. However, nothing in this section shall
											  be construed as limiting actions that may be necessary to protect health and safety in an
											  emergency.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter D - GENERAL › Section 289.203 - Notices, Instructions, and Reports to Workers; Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope and purpose. This section
											  establishes requirements for notices, instructions, and reports by licensees or registrants to individuals
											  engaged in activities under a license or certificate of registration, and options available to such
											  individuals in connection with agency inspections of licensees or registrants to ascertain compliance with
											  the provisions of the Texas Radiation Control Act (Act), Health and Safety Code, Chapter 401, and rules,
											  orders, licenses, and certificates of registration issued thereunder regarding radiological working
											  conditions. The requirements in this section apply to all persons who receive, possess, use, or transfer
											  sources of radiation licensed by or registered with the agency in accordance with this chapter.
(b) Posting of notices to workers.
(1)
											  Each licensee or registrant shall post current copies of the following documents:
(A) the requirements in this section and in §
												289.202
											  of this title (relating to Standards for Protection Against Radiation from Radioactive Materials) or §
												289.231
											  of this title (relating to General Provisions and Standards for Protection Against Machine-Produced
											  Radiation), as applicable;
(B) the license, certificate of
											  registration, conditions or documents incorporated into the license or certificate of registration by
											  reference, and amendments thereto;
(C) the operating procedures
											  applicable to work under the license or certificate of registration; and
(D) any notice of violation involving radiological working conditions or
											  order that has:
(i) been issued in accordance with §
													289.201 of this
											  title (relating to General Provisions for Radioactive Material), §
													289.205 of this title
											  (relating to Hearing and Enforcement Procedures), and §
													289.231
											  of this title; and
(ii) not been labeled "withhold from public
											  disclosure under Government Code, §
													552.101," or equivalent
											  phrase, in accordance with §
													289.252(ii)
											  of this title (relating to Licensing of Radioactive Material).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter D - GENERAL › Section 289.204 - Fees for Certificates of Registration, Radioactive Material Licenses, Emergency Planning and Implementation, and Other Regulatory Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The requirements in this section
											  establish fees for licensing, registration, emergency planning and implementation, and other regulatory
											  services, and provide for their payment.
(b) Scope. Except as
											  otherwise specifically provided, the requirements in this section apply to any person who is the following:
(1) an applicant for, or holder of:
(A) a
											  radioactive material license issued in accordance with §
												289.252 of this title
											  (relating to Licensing of Radioactive Material), or §
												289.259
											  of this title (relating to Licensing of Naturally Occurring Radioactive Material (NORM)); or
(B) a general license acknowledgment issued in accordance with §
												289.251
											  of this title (relating to Exemptions, General Licenses, and General License Acknowledgments); or
(C) a certificate of registration for radiation machines and/or services,
											  or sources of laser radiation, issued in accordance with §
												289.226 of
											  this title (relating to Registration of Radiation Machine Use and Services), §
												289.230
											  of this title (relating to Certification of Mammography Systems and Mammography Machines Used for
											  Interventional Breast Radiography), a certificate of registration for dental radiation machines in accordance
											  with §
												289.232
											  of this title (relating to Radiation Control Regulations for Dental Radiation Machines), a certificate of
											  registration for radiation machines used in veterinary medicine in accordance with §
												289.233
											  of this title (relating to Radiation Control Regulations for Radiation Machines Used in Veterinary Medicine),
											  §
												289.234 of this title (relating to
											  Mammography Accreditation), or §
												289.301
											  of this title (relating to Registration and Radiation Safety Requirements for Lasers and Intense-Pulsed Light
											  Devices); or
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter D - GENERAL › Section 289.205 - Hearing and Enforcement Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section governs the following
											  in accordance with the Texas Radiation Control Act (Act), the Texas Administrative Procedure Act, Texas
											  Government Code, Chapter 2001, and the Formal Hearing Procedures, §§
										1.21,
											  1.23,
											  1.25, and
											  1.27 of this title (relating to the
											  Texas Board of Health):
(1) proceedings for the granting, denying,
											  renewing, transferring, amending, suspending, revoking, or annulling of a:
(A) license or certificate of registration;
(B) accreditation of a mammography facility; or
(C) industrial radiographer certification;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter E - REGISTRATION REGULATIONS › Section 289.226 - Registration of Radiation Machine Use and Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) This section provides
											  for the registration of persons using radiation machines and persons who are in the business of providing
											  radiation machine services.
(2) Requirements for the registration
											  of persons using radiation machines.
(A) No person shall use radiation
											  machines except as authorized in a certificate of registration issued by the Department of State Health
											  Services (department) per the requirements of this section.
(B) A
											  person who receives, possesses, uses, owns, or acquires radiation machines before receiving a certificate of
											  registration is subject to the requirements of this chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter E - REGISTRATION REGULATIONS › Section 289.228 - Radiation Safety Requirements for Industrial Radiation Machines

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section
											  establishes requirements for the use of industrial radiation machines not otherwise covered by this chapter.
											  For purposes of this section, industrial radiation machines include, but are not limited to,
											  portable/handheld fluorescence x-ray (open beam), fluoroscopy hand held intensified, fluoroscopy x-ray,
											  industrial accelerator, spectrography x-ray, flash x-ray, flash x-ray for bomb detection, educational
											  facility (x-ray for non-human or not live animal use), diffraction x-ray, uncertified cabinet x-ray, and
											  minimal threat radiation machines.
(b) Scope.
(1) The requirements of this section are in addition to and not in
											  substitution for other applicable requirements of this chapter.
(2) In addition to the requirements of this section, all registrants,
											  unless otherwise specified, are subject to the requirements of §
											289.203
											  of this title (relating to Notices, Instructions, and Reports to Workers; Inspections), §
											289.204
											  of this title (relating to Fees for Certificates of Registration, Radioactive Material Licenses, Emergency
											  Planning and Implementation, and Other Regulatory Services), §
											289.205 of this title
											  (relating to Hearing and Enforcement Procedures), §
											289.226 of
											  this title (relating to Registration of Radiation Machine Use and Services), and §
											289.231
											  of this title (relating to General Provisions and Standards for Protection Against Machine-Produced
											  Radiation).
(3) Radiation safety requirements and registration
											  procedures for industrial radiography are specified in §
											289.255
											  of this title (relating to Radiation Safety Requirements and Licensing and Registration Procedures for
											  Industrial Radiography).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter E - REGISTRATION REGULATIONS › Section 289.230 - Certification of Mammography Systems and Mammography Machines Used for Interventional Breast Radiography

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) This section provides
											  for the certification of mammography systems and mammography machines used for interventional breast
											  radiography. No person shall use radiation machines for mammography of humans or for interventional breast
											  radiography except as authorized in a certification issued by the agency in accordance with the requirements
											  of this section. Certification by this agency includes certification of mammography systems and facilities
											  that have received accreditation by the agency accreditation body or by another United States Food and Drug
											  Administration (FDA)-approved accreditation body and certification of mammography machines used for
											  interventional breast radiography.
(2) The use of all mammography
											  machines certified in accordance with this section shall be by or under the supervision of a physician
											  licensed by the Texas Medical Board.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter E - REGISTRATION REGULATIONS › Section 289.231 - General Provisions and Standards for Protection Against Machine-Produced Radiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) This section establishes standards for protection against ionizing
											  radiation resulting from the use of radiation machines.
(2) The
											  requirements in this section are designed to control the receipt, possession, use, and transfer of radiation
											  machines by any person so the total dose to an individual, including doses resulting from all sources of
											  radiation other than background radiation, does not exceed the standards for protection against radiation
											  prescribed in this section. However, nothing in this section shall be construed as limiting actions that may
											  be necessary to protect health and safety in an emergency. A person who receives, possesses, uses, owns, or
											  acquires radiation machines prior to receiving a certificate of registration is subject to the requirements
											  of this chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter F - LICENSE REGULATIONS › Section 289.251 - Exemptions, General Licenses, and General License Acknowledgements

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section provides for exemptions
											  to licensing requirements, general licensing of radioactive material, and acknowledgement of general
											  licenses.
(b) Scope. Except as otherwise authorized, no person
											  shall receive, possess, use, transfer, own, or acquire radioactive material except as authorized in a general
											  license or general license acknowledgement issued in accordance with this section, or in a specific license
											  issued in accordance with §
										289.252 of this title
											  (relating to Licensing of Radioactive Material), §
										289.255
											  of this title (relating to Radiation Safety Requirements and Licensing and Registration Procedures for
											  Industrial Radiography), §
										289.256 of
											  this title (relating to Medical and Veterinary Use of Radioactive Material), §
										289.258
											  of this title (relating to Licensing and Radiation Safety Requirements for Irradiators), or §
										289.259
											  of this title (relating to Licensing of Naturally Occurring Radioactive Material (NORM).
(c) Definitions. The following words and terms when used in this section
											  shall have the following meanings unless the context clearly indicates otherwise.
(1) General license--An authorization in accordance with this section that
											  grants authority to a person for certain activities involving radioactive material, and is effective without
											  the filing of applications with the agency or the issuance of licensing documents to the particular persons.
											  The general licensee is subject to all other applicable portions of this chapter and any limitations of the
											  general license.
(2) General license acknowledgement--A written
											  recognition of a general license issued in accordance with this section. The issuance of a general license
											  acknowledgement requires the submission of an application to the agency. A written acknowledgement of a
											  general license granted in accordance with this section is issued by the agency. The holder of a general
											  license acknowledgement is subject to all other applicable portions of this chapter as well as any conditions
											  specified in the acknowledgement document.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter F - LICENSE REGULATIONS › Section 289.252 - Licensing of Radioactive Material

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The intent of this section is as follows.
(1) This section provides for the specific licensing of radioactive
											  material.
(2) Unless otherwise exempted, no person shall
											  manufacture, produce, receive, possess, use, transfer, own, or acquire radioactive material except as
											  authorized by the following:
(A) a specific license issued in accordance
											  with this section and any of the following sections:
(i)
													§
													289.253
											  of this title (relating to Radiation Safety Requirements for Well Logging Service Operations and Tracer
											  Studies);
(ii)
													§
													289.255
											  of this title (relating to Radiation Safety Requirements and Licensing and Registration Procedures for
											  Industrial Radiography);
(iii)
													§
													289.256 of
											  this title (relating to Medical and Veterinary Use of Radioactive Material);
(iv)
													§
													289.258
											  of this title (relating to Licensing and Radiation Safety Requirements for Irradiators); or
(v)
													§
													289.259
											  of this title (relating to Licensing of Naturally Occurring Radioactive Material (NORM)); or
(B) a general license or general license acknowledgment issued
											  in accordance with §
												289.251
											  of this title (relating to Exemptions, General Licenses, and General License
											  Acknowledgements).
(3) A person who manufactures,
											  produces, receives, possesses, uses, transfers, owns, or acquires radioactive materials before receiving a
											  license is subject to the requirements of this chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter F - LICENSE REGULATIONS › Section 289.255 - Radiation Safety Requirements and Licensing and Registration Procedures for Industrial Radiography

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) The requirements in this section establish radiation safety
											  requirements and licensing and registration procedures for using sources of radiation for industrial
											  radiography and for certification of industrial radiographers.
(2) The requirements in this section apply to licensees and registrants who
											  possess sources of radiation for industrial radiography, including radiation machines, accelerators, and
											  sealed radioactive sources.
(3) Each licensee and registrant is
											  responsible for ensuring compliance with this chapter, license and registration conditions, and orders of the
											  agency.
(4) Each licensee and registrant is responsible for
											  ensuring that radiographic personnel performing activities under a license or registration comply with this
											  chapter, license and registration conditions, and orders of the agency.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter F - LICENSE REGULATIONS › Section 289.256 - Medical and Veterinary Use of Radioactive Material

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) This section establishes requirements for the medical and veterinary
											  use of radioactive material and for the issuance of specific licenses authorizing the medical and veterinary
											  use of radioactive material. Unless otherwise exempted, no person shall manufacture, produce, receive,
											  possess, use, transfer, own, or acquire radioactive material for medical or veterinary use except as
											  authorized in a license issued in accordance with this section.
(2) A person who manufactures, produces, receives, possesses, uses,
											  transfers, owns, or acquires radioactive material prior to receiving a license is subject to the requirements
											  of this chapter.
(3) A specific license is not needed for a
											  person who:
(A) receives, possesses, uses, or transfers radioactive
											  material in accordance with the regulations in this chapter under the supervision of an authorized user as
											  provided in subsection (s) of this section, unless prohibited by license condition; or
(B) prepares unsealed radioactive material for medical use in accordance
											  with the regulations in this chapter under the supervision of an authorized nuclear pharmacist or authorized
											  user as provided in subsection (s) of this section, unless prohibited by license
											  condition.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter F - LICENSE REGULATIONS › Section 289.257 - Packaging and Transportation of Radioactive Material

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) This section establishes requirements for packaging, preparation for
											  shipment, and transportation of radioactive material including radioactive waste.
(2) The packaging and transport of radioactive material are also subject to
											  the requirements of §
											289.201 of this
											  title (relating to General Provisions for Radioactive Material), §
											289.202
											  of this title (relating to Standards for Protection Against Radiation from Radioactive Materials), §
											289.203
											  of this title (relating to Notices, Instructions, and Reports to Workers; Inspections), §
											289.204
											  of this title (relating to Fees for Certificates of Registration, Radioactive Material Licenses, Emergency
											  Planning and Implementation, and Other Regulatory Services), §
											289.205 of this title
											  (relating to Hearing and Enforcement Procedures), §
											289.251
											  of this title (relating to Exemptions, General Licenses, and General License Acknowledgements), §
											289.252 of this title
											  (relating to Licensing of Radioactive Material), and §
											289.256 of
											  this title (relating to Medical and Veterinary Use of Radioactive Material) and to the regulations of other
											  agencies (e.g., the United States Department of Transportation (DOT) and the United States Postal Service)
											  having jurisdiction over means of transport. The requirements of this section are in addition to, and not in
											  substitution for, other requirements.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter F - LICENSE REGULATIONS › Section 289.258 - Licensing and Radiation Safety Requirements for Irradiators

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section contains
											  requirements for the issuance of a license authorizing the use of sealed sources containing radioactive
											  material in irradiators that irradiate objects or materials using gamma radiation. This section also contains
											  radiation safety requirements for operating irradiators.
(b)
											  Scope.
(1) In addition to the requirements of this section, all licensees,
											  unless otherwise specified, are subject to the requirements of §
											289.201 of this
											  title (relating to General Provisions for Radioactive Material), §
											289.202
											  of this title (relating to Standards for Protection Against Radiation from Radioactive Material), §
											289.203
											  of this title (relating to Notices, Instructions, and Reports to Workers; Inspections), §
											289.204
											  of this title (relating to Fees for Certificates of Registration, Radioactive Material Licenses, Emergency
											  Planning and Implementation, and Other Regulatory Services), §
											289.205 of this title
											  (relating to Hearing and Enforcement Procedures), §
											289.252 of this title
											  (relating to Licensing of Radioactive Material), and §
											289.257 of
											  this title (relating to Packaging and Transportation of Radioactive Material). Nothing in this section
											  relieves the licensee from complying with other applicable federal, state and local regulations governing the
											  siting, zoning, land use, and building code requirements for industrial facilities.
(2) The requirements in this section apply to panoramic irradiators that
											  have either dry or wet storage of the radioactive sealed sources and to underwater irradiators in which both
											  the source and the product being irradiated are under water. Irradiators whose dose rates exceed 500 rads (5
											  grays) per hour at 1 meter (m) from the radioactive sealed sources in air or in water, as applicable for the
											  irradiator type, are covered by this section.
(3) The
											  requirements in this section do not apply to self-contained, dry-source-storage irradiators (those in which
											  both the source and the area subject to irradiation are contained within a device and are not accessible by
											  personnel), medical radiology or teletherapy, radiography (the irradiation of materials for nondestructive
											  testing purposes), gauging, or open-field (agricultural) irradiations.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter F - LICENSE REGULATIONS › Section 289.259 - Licensing of Naturally Occurring Radioactive Material (NORM)

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes
											  radiation protection standards for the possession, use, transfer, transport, and/or storage of naturally
											  occurring radioactive material (NORM) or the recycling of NORM-contaminated materials not subject to
											  regulation under the Atomic Energy Act of 1954, as amended (AEA). This section is not intended to regulate
											  the disposal of radioactive substances. The Texas Natural Resource Conservation Commission (TNRCC) has the
											  jurisdiction to regulate disposal of NORM, other than oil and gas NORM, which is under the jurisdiction of
											  the Railroad Commission of Texas (RCT).
(b) Scope.
(1) This section applies to any person who engages in the extraction,
											  mining, beneficiating, processing, use, transfer, transport, or storage of NORM or the recycling of
											  NORM-contaminated materials.
(2) This section addresses the
											  introduction of NORM into products in which neither the NORM nor the radiation emitted from the NORM is
											  considered to be beneficial to the products. The manufacture and commercial distribution of products
											  containing NORM in which the NORM or its associated radiation(s) are considered to be a beneficial attribute
											  are licensed in accordance with the provisions of §
											289.252 of this title
											  (relating to Licensing of Radioactive Material).
(3) The
											  requirements of this section are in addition to and not in substitution for other applicable requirements of
											  §
											289.201 of this
											  title (relating to General Provisions), §
											289.202
											  of this title (relating to Standards for Protection Against Radiation), §
											289.203
											  of this title (relating to Notices, Instructions and Reports to Workers; Inspections), §
											289.204
											  of this title (relating to Fees for Certificates of Registration, Radioactive Material(s) Licenses, Emergency
											  Planning and Implementation, and Other Regulatory Services), §
											289.205 of this title
											  (relating to Hearing and Enforcement Procedures), §
											289.251
											  of this title (relating to Exemptions, General Licenses, and General License Acknowledgments), §
											289.252 of this title, and
											  §
											289.257 of
											  this title (relating to Packaging and Transportation of Radioactive Material).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 289 - RADIATION CONTROL › Subchapter G - REGISTRATION REGULATIONS › Section 289.301 - Registration and Radiation Safety Requirements for Lasers and Intense-Pulsed Light Devices

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
(1) This section establishes
											  requirements for protection against all classes of laser radiation and intense-pulsed light (IPL) device
											  hazards. This section includes responsibilities of the registrant and the laser safety officer (LSO), laser
											  and IPL device hazard control methods, training requirements, and notification of injuries.
(2) This section establishes requirements for the registration of persons
											  who receive, possess, acquire, transfer, or use Class 3b (IIIb), International Electrotechnical Commission
											  (IEC) Class 3B and Class 4 (IV), IEC Class 4 lasers in the healing arts, veterinary medicine, industry,
											  academic, research and development institutions, and of persons who are in the business of providing laser
											  services. No person shall use Class 3b (IIIb), IEC Class 3B or 4 (IV), IEC Class 4 lasers or perform laser
											  services except as authorized in a certificate of laser registration issued by the agency in accordance with
											  the requirements of this section. Class 1 (I) lasers, IEC Class 1 and 1M, Class 2 (II) lasers, IEC Class 2
											  and 2M, and Class 3a (IIIa) lasers, IEC Class 3R and IPL devices are not required to be registered. However,
											  use of Class 1 (I) lasers, IEC Class 1 and 1M, Class 2 (II) lasers, IEC Class 2 and 2M, and Class 3a (IIIa)
											  lasers, IEC Class 3R and IPL devices are subject to other applicable requirements in this section.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these sections is to provide employers and employees
													 with guidance needed to comply with the Texas Hazard Communication Act.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.3 - Responsibility for Implementation of Program

Current through Reg. 49, No. 28; July 12, 2024
The commissioner's responsibilities under the Act are carried out
													 through the Texas Department of Health, Product Safety Division, Hazard Communication Branch. Routine
													 inquiries regarding this Act shall be addressed to: Texas Department of Health, Product Safety Division,
													 Hazard Communication Branch, 1100 West 49th Street, Austin, Texas 78756, at toll free telephone number
													 1-800-452-2791.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.4 - Workplace Chemical List

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer may choose to develop workplace chemical lists by work
											  areas, pursuant to the Act, §502.005(c). However, the workplace chemical list threshold of 55 gallons or
											  500 pounds must be applied to the aggregate amount of the hazardous chemical in the workplace, even though
											  such chemicals may be present below these thresholds in each work area.
(b) If an employer chooses to subdivide a contiguous facility into separate
											  workplaces, a workplace chemical list must be prepared for each separate workplace.
(c) Employers may use the department's model form in developing workplace
											  chemical lists. This form will provide a recommended format for the workplace chemical list, but is not
											  mandatory.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.5 - Material Safety Data Sheets

Current through Reg. 49, No. 28; July 12, 2024
(a) The employer shall maintain a current and appropriate MSDS, as defined
											  by the Act, §502.003(17), for each hazardous chemical purchased. Except as described in subsection (b)
											  of this section, MSDSs, whether in printed or electronic form, are considered "readily available" if they can
											  be accessed for review at the workplace during the same workshift in which they are requested. For purposes
											  of this section, a current MSDS shall be one which contains the most recent significant hazard information
											  for the hazardous chemical as determined by the chemical's manufacturer.
(b) An employer shall provide MSDSs to emergency responders as soon as
											  practicable upon request.
(c) An employer shall request or obtain
											  a missing MSDS within 30 business days of receipt of the hazardous chemical. An employer shall not permit the
											  use of any hazardous chemical for which a current MSDS is not available.
(d) A chemical manufacturer or distributor must provide an appropriate MSDS
											  to an employer within three business days of receipt of the employer's written request.
(e) If the hazardous chemical was last received prior to the original
											  effective date of the Act, January 1, 1986, an MSDS is not required.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.6 - Labeling of Containers

Current through Reg. 49, No. 28; July 12, 2024
(a) Employers shall rely on the manufacturers or distributors of their
											  hazardous chemicals to provide container labels which meet the requirements of the OSHA Standard at
											  29 CFR,
											  1910.1200(f) and shall be responsible for re-labeling a
											  container only:
(1) when the label is missing or illegible; or
(2) when it comes to the attention of the employer that the labeling does
											  not meet the labeling requirements of the OSHA Standard.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.7 - Written Hazard Communication Program and Employee Education and Training Program

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer is
											  required to develop a written hazard communication program which will describe how the employer will comply
											  with those requirements of the Act imposed on the employer. The written hazard communication program must
											  include a description of the procedures that the employer will follow to achieve compliance with each
											  applicable requirement of the Act. Employers may develop written hazard communication programs that are
											  specific to each separate workplace or may develop a standard written program that could be used or modified
											  for each workplace. Employers may use the department's model program in developing written hazard
											  communication programs for each of their workplaces. This model program will provide a recommended format for
											  the written hazard communication program, but is not mandatory.
(b) An employer shall maintain either a printed or electronic copy of the
											  written hazard communication program at the workplace to which the program applies.
(c) The elements that shall be considered in an employer's written hazard
											  communication program, if applicable, include:
(1) workplace chemical
											  lists;
(2) material safety data sheets;
(3) labels;
(4) employee
											  education and training programs, including the following subjects:
(A) the
											  use of the information provided in material safety data sheets and labels, and how they are related;
											  and
(B) the following subjects which relate to hazardous
											  chemicals known to be present in the employee's work area:
(i)
											  locations;
(ii) the physical effects and short-term and long-term
											  health effects of exposure;
(iii) safe handling;
(iv) the proper use of personal protective equipment;
(v) first aid treatment for exposures; and
(vi) safety instructions on handling, cleanup, and disposal;
(5) reporting employee deaths and injuries;
(6) posting employee notice(s);
(7) providing personal protective equipment; and
(8) maintaining employee rights.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.8 - Complaints and Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner or his representative shall investigate in a timely
											  manner any complaint relating to an alleged violation of the Act. Such complaints do not have to be submitted
											  to the department in writing and may be anonymous. An inspection based on a complaint is not limited to the
											  specific allegations of the complaint. An employer who refuses to allow such an investigation shall be in
											  violation of the Act.
(b) The commissioner or his designated
											  representatives may enter a workplace at all reasonable times to conduct random compliance inspections. An
											  employer who refuses to allow such an inspection is in violation of the Act and these rules.
(c) The department may find multiple violations by an employer during an
											  inspection.
(d) Upon request from a representative of the
											  commissioner, an employer shall make or allow photocopies of documents to be made and permit the
											  representative to take photographs required to verify the compliance status of the employer. Such requests
											  may be made during a compliance inspection or in a written Notice of Violation issued by the
											  department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.9 - Reporting Fatalities and Injuries

Current through Reg. 49, No. 28; July 12, 2024
(a) Employers are required to report to the
											  department the occurrence of any employee accident, including asphyxiation, resulting from a chemical
											  exposure and that is fatal to one or more employees or that results in the hospitalization of five or more
											  employees.
(b) Such employee accidents may be reported to the
											  Texas Department of Health, Product Safety Division, Hazard Communication Branch, at toll free telephone
											  number 1-800-452-2791. Reports shall be submitted either orally or in writing no later than 48 hours after
											  the occurrence of the accident. Written reports may be transmitted via facsimile or electronic
											  means.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.11 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Inspections may be conducted by the commissioner or his representative
											  to determine if an employer is in violation of the Act or the rules. An employer will be notified in writing
											  of any alleged violations. The employer shall send a written response to the department within 15 business
											  days of receipt of the notification. The employer's response must conform to at least one of the options
											  listed in the notification from the department.
(b) Employers who
											  do not respond to the written notice from the department in accordance with subsection (a) of this section
											  shall be subject to administrative penalties. Each violation of the Act may be cited separately in the
											  written notice and a separate penalty may be proposed for each citation. Each day a violation continues may
											  be considered a separate violation.
(c) Penalties shall be due
											  after an order is issued by the commissioner. An order may be issued on or after the 16th business day
											  following the date that a written notification of violations is received by the employer, unless the
											  department receives a written response which documents that each violation has been corrected or that an
											  informal conference or a formal hearing has been requested. If an informal settlement conference is
											  requested, the employer must respond that each violation has been corrected within 11 business days after the
											  employer receives a summary letter following the informal conference.
(d) The written response from the employer must address each violation
											  separately and must provide the documentation requested by the department or an alternative agreed to by the
											  department. An inappropriate or unacceptable response may result in a penalty being assessed for the
											  underlying violations.
(e) Violations will be classified in one
											  of four severity levels:
(1) a minor violation is related to a minor records
											  keeping deficiency;
(2) a serious violation is related to failure
											  to take an action that poses a threat of harm to any employee or a substantial records keeping
											  deficiency;
(3) a severe violation is related to failure to take
											  an action that poses a substantial threat of harm to any employee or a major records keeping deficiency;
											  or
(4) a critical violation is related to failure to take an
											  action that has caused harm or is likely to cause significant harm to any employee.