reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.12 - Employee Notice; Rights of Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) Employers covered by the Act must post and
											  maintain workplace notices specified in this section. The wording of the required workplace notice may be
											  changed by the commissioner as needed.
Attached Graphic
(b) The workplace notice shall measure at least 8-1/2 by 11 inches and be
											  typed, typeset, or mechanically produced with lettering that is clearly legible. The letters shall not be
											  smaller than 12 characters per inch. The words "NOTICE TO EMPLOYEES" shall be in bold capital letters at
											  least 1/2 inch high. Other words spelled in capital letters in the sample notice shall be reproduced in
											  capital letters.
(c) A current version of the workplace notice
											  shall be clearly posted and unobstructed at all locations in the workplace where notices are normally posted,
											  and at least one location in each workplace.
(d) An employer may
											  add information to the workplace notice as long as the wording required by this section is included.
											  Employers may add the name and telephone number of the employer's safety or environmental health officer to
											  the bottom of the workplace notice in order to facilitate communication within the workplace.
(e) To assist employers in providing the workplace notice information, the
											  department shall make original copies of the workplace notice available for photocopying by employers. The
											  department shall also make an electronic version of the workplace notice available to employers. A Spanish
											  translation of the workplace notice is available from the department.
(f) Employees have guaranteed rights to accessing the workplace chemical
											  list and MSDSs and to receive training under the Act.
(g)
											  Employees have a guaranteed right to receive appropriate personal protective equipment (PPE) from their
											  employer. Employers shall provide appropriate PPE to employees who may be exposed to hazardous chemicals in
											  their workplace. The employer shall provide training to employees regarding how to maintain and store PPE
											  appropriately to ensure that contamination does not occur.
(h) An
											  employee shall not be disciplined, harassed, or discriminated against by an employer for filing complaints,
											  assisting inspectors of the department, participating in proceedings related to the Act, or exercising any
											  rights under the Act.
(i) Employees cannot waive their rights
											  under the Act. A request or requirement for such a waiver by an employer violates the Act.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter A - HAZARD COMMUNICATION › Section 295.13 - Standard for Physician Treatment

Current through Reg. 49, No. 28; July 12, 2024
The citation of the OSHA Standard for physicians treating employees
													 that is provided in the Act, §502.018, is in error. The correct citation for this standard is
													 29 CFR,
													 §1910.1200(i)(2). This standard allows nurses, as
													 well as physicians, to obtain the chemical identity of a trade secret hazardous chemical when that
													 information is needed for medical treatment during an emergency.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter B - FEES FOR ASBESTOS SERVICES › Section 295.21 - Fees for Management Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) General provisions.
(1) Purpose. The
											  purpose of this section is to provide a means of reimbursement for services performed, so as to acquire or
											  maintain certification status, supplies, equipment, personnel, and assistance necessary relative to state and
											  federal regulations of asbestos, reflecting a greatly increased demand for these services.
(2) Scope. This section covers fees for the non-mandatory review and
											  approval of asbestos management plans, as submitted.
(3)
											  Statutory authority. The Texas Board of Health (board) is granted authority under the Health and Safety Code,
											  §
											12.031 and §
											12.032, to charge fees to
											  persons who receive public health services from the Texas Department of Health (department), which includes
											  environmental and consumer health services.
(4) Waiver. The
											  commissioner of health of the State of Texas may waive any of the fee requirements in this section if the
											  commissioner determines that a public emergency requires such action.
(5) Review. The board shall review and approve all changes of the amounts
											  of fees assessed, or any additions to fees for the services set forth in this section.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter D - OCCUPATIONAL HEALTH GUIDELINES › Section 295.101 - Recommended Allowable Concentrations of Toxic Gases

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The authority for these rules is
											  granted to the Texas Department of Health (department) in the Health and Safety Code, §
										341.002. The purpose
											  of this section is to provide the public with information on recommended allowable concentrations of toxic
											  gases, as specified in the Health and Safety Code (HSC), §341.016(c)(1). Since HSC, §341.016, only
											  provides the department with authority for developing occupational and sanitation standards for industrial
											  establishments, and since the department's authority over industrial establishments is preempted by the U.S.
											  Occupational Safety and Health Administration (OSHA), the department is issuing the List of Toxic Gases and
											  Recommended Allowable Concentrations only as a guideline.
(b)
											  Information sources. In developing the List of Toxic Gases and Recommended Allowable Concentrations (RACs)
											  for this section, the department used the following information and criteria.
(1) The List of Toxic Gases was derived from those gases appearing in Table
											  Z-1, "Limits for Air Contaminants," published by the U.S. Occupational Safety and Health Administration
											  (OSHA) in 29 Code of Federal Regulations (CFR), §1910.1000. Only those gases that had a Median Lethal
											  Concentration (LC(50)) in air of more than 200 parts per million (ppm) were selected for inclusion on the
											  List of Toxic Gases. The department used the LC(50) criterion to ensure that only those gases that met the
											  definition of "highly toxic" or "toxic," as those terms are defined in OSHA's Hazard Communication Standard,
											  29 CFR,
											  §1910.1200, Appendix A, would be included on the List of Toxic
											  Gases.
(2) In order to ensure a unique identity for each toxic
											  gas and provide the public with information that could be used to match chemical name synonyms to a specific
											  listed gas, both the chemical name and the corresponding Chemical Abstract Service Number (CAS#) are
											  referenced in the List of Toxic Gases.
(3) The Recommended
											  Allowable Concentration (RAC) for each toxic gas was derived from its corresponding Table Z-1 Permissible
											  Exposure Limit (PEL) concentration established by OSHA. As appropriate, the RAC is provided in both ppm in
											  air and milligrams per cubic meter (mg/M 
											  3).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter F - GUIDELINES FOR SELECTION AND USE OF FACE AND EYE PROTECTION IN PUBLIC SCHOOLS › Section 295.141 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The authority for these guidelines is granted to the Texas
											  Department of Health (department) in the Health and Safety Code, §
										341.002. The purpose
											  of this section is to provide governing boards and administrators of Texas school districts with recommended
											  guidelines on the selection and use of face and eye protection necessary to protect the health of employees,
											  students, and visitors when such individuals are exposed to certain hazardous environments in
											  schools.
(b) Scope. The guidelines in these sections are
											  applicable to all staff members, students, and visitors within Texas public schools participating in
											  educational activities and programs that involve:
(1) the use of hazardous
											  chemicals;
(2) the use of hot liquids or solids;
(3) the use of molten materials;
(4) performing grinding, chipping, or other hazardous activities where
											  there is danger of flying particles;
(5) milling, sawing,
											  turning, shaping, cutting, or stamping of any solid materials;
(6) heat treatment, tempering, or kiln firing of any metal or other
											  materials;
(7) cutting, welding, or brazing operations;
(8) the use of hazardous radiation, including the use of infrared and
											  ultraviolet light or lasers;
(9) repair or servicing of any
											  vehicle; or
(10) any process or activity in a vocational, art,
											  industrial arts or science course or laboratory that might have a tendency to cause damage to the
											  eyes.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter F - GUIDELINES FOR SELECTION AND USE OF FACE AND EYE PROTECTION IN PUBLIC SCHOOLS › Section 295.142 - Guidelines for Selection and Use of Eye and Face Protective Devices

Current through Reg. 49, No. 28; July 12, 2024
(a) The following section in the
											  Code of Federal Regulations (CFR) is adopted by reference by the Texas Department of Health (department) as a
											  recommended guideline for selection and use of face and eye protection in public schools: 29 CFR, Part 1910,
											  Subpart I, §1910.133, titled "Eye and Face Protection," effective May 2, 1996, as amended.
(b) The following section in the CFR is adopted by reference by the
											  department as a recommended guideline for hazard assessment and face and eye protective equipment selection
											  in public schools: 29 CFR, Part 1910, Subpart I, Appendix B, titled, "Non-mandatory Compliance Guidelines for
											  Hazard Assessment and Personal Protective Equipment Selection," effective April 6, 1994, as
											  amended.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter F - GUIDELINES FOR SELECTION AND USE OF FACE AND EYE PROTECTION IN PUBLIC SCHOOLS › Section 295.143 - Responsibility for Implementation of Program

Current through Reg. 49, No. 28; July 12, 2024
The responsibilities under this section are carried out through the
													 Texas Department of Health, General Sanitation Division. Printed or electronic copies of the documents
													 referenced in §
										295.142
													 of this title (relating to Guidelines for Selection and Use of Eye and Face Protective Devices) may be
													 obtained free of charge by contacting the division. Routine inquiries regarding §§
										295.141-295.142
													 of this title, and requests for additional guidance related to face and eye safety should be addressed to:
													 Texas Department of Health, General Sanitation Division, 1100 West 49th Street, Austin, Texas 78756,
													 telephone number (512) 834-6635.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter G - SANITATION AT TEMPORARY PLACES OF EMPLOYMENT › Section 295.161 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. These sections of this undesignated head apply to temporary
											  places of employment. This includes locations or situations where one or more persons are directly or
											  indirectly employed by others in:
(1) work of a mobile nature or at a
											  series of locations involving movement from one location to another;
(2) work of a transitory or seasonal nature performed for a limited period
											  of time or at a temporary job site, or both;
(3) work on railroad
											  facilities, i.e., maintenance of way; or
(4) work in any
											  agricultural operation or activity performed in the field or outside of any permanent structure or
											  facility.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter G - SANITATION AT TEMPORARY PLACES OF EMPLOYMENT › Section 295.162 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in these sections of this
													 undesignated head, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Approved--Approved by the Texas Department of Health or the local
											  health authority, whichever shall maintain jurisdiction.
(2)
											  Chemical toilets--A toilet facility in which human waste is collected in a container charged with a chemical,
											  for the purpose of disinfecting and deodorizing prior to disposal.
(3) Drinking water (potable water)--All water which may be distributed by
											  any organization or individual, public or private, for all purposes of human consumption, washing of the
											  person, the preparation of foods or beverages, or for the cleansing of any utensil or article used in the
											  course of preparation or consumption of food or beverages.
(4)
											  Hand-washing facility--A plumbing device for washing the hands, arms, face and head, including lavatories,
											  basins and sinks, both for cleanliness and for safety purposes.
(5) Hygiene--Conditions or practices conducive to the establishment and
											  maintenance of health.
(6) Limited period of time--Not to exceed
											  12 months.
(7) May--Used to denote authorized alternatives to
											  mandatory provisions of these sections.
(8) Nuisance--Any object,
											  place, or condition which constitutes a possible or probable medium of transmission of disease to or between
											  human beings or any other object, place, or condition which may be specifically declared to be a
											  nuisance.
(9) Number of employees--The maximum number of
											  employees present at any one time during a regular work day at a temporary place of employment.
(10) Putrescible--Organic waste subject to rotting or undergoing anaerobic
											  decomposition, becoming foul and malodorous.
(11) Sanitary
											  condition--That condition of good order and cleanliness which precludes the probability of disease
											  transmission.
(12) Sanitary facility--Equipment built or
											  installed to serve as a means of:
(A) dispensing drinking water;
(B) washing the hands;
(C)
											  eliminating body wastes; or
(D) collecting refuse.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter G - SANITATION AT TEMPORARY PLACES OF EMPLOYMENT › Section 295.163 - Standards for General Sanitation

Current through Reg. 49, No. 28; July 12, 2024
(a) Hygiene.
(1) Employers shall require that work areas be kept clean to the extent
											  that the nature of the work allows.
(2) Job sites shall be kept
											  free from obstructions that may cause or contribute to the injury of an employee, cause an unsafe act to be
											  committed, or impede sanitation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter G - SANITATION AT TEMPORARY PLACES OF EMPLOYMENT › Section 295.164 - Standards for Lighting and Ventilation

Current through Reg. 49, No. 28; July 12, 2024
(a) Lighting. Where artificial lighting is
											  necessary, employers shall provide lighting levels in such work areas that shall be not less than the levels
											  of illumination summarized in Bulletin RP-15, titled "Recommended Levels of Illumination," and further
											  described in the "IES Lighting Handbook," 5th Edition, both published by the Illumination Engineering Society
											  of North America (IES).
(b) Ventilation.
(1) Employers shall provide proper ventilation for enclosed spaces which
											  people may occupy in the course of temporary employment. This requires outside fresh air of acceptable
											  quality. Whenever local building codes do not specify either ventilation rates or amounts, the provisions of
											  paragraphs (2) and (3) of this subsection shall constitute the minimum ventilation standard.
(2) Ventilating systems shall provide outside fresh air by natural or
											  mechanical means. When mechanical ventilation is used, provision for air-flow measurement should be included.
											  When natural ventilation and infiltration are used the ventilation rate shall be measurable. When
											  infiltration rates are not sufficient to meet ventilation air requirements, mechanical ventilation shall be
											  provided.
(3) The minimum rate of ventilation, supplying outside
											  fresh air of acceptable quality for any indoor or enclosed space, shall not be less than five cubic feet per
											  minute per occupant, not less than 20 cubic feet per minute per occupant where smoking, or cooking, or open
											  flames are permitted. Such ventilation shall be continuous during all working hours and any other periods of
											  occupancy.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter G - SANITATION AT TEMPORARY PLACES OF EMPLOYMENT › Section 295.166 - Standards for Toilet Facilities and Toilet Rooms

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) Employers shall provide toilet facilities, in separate toilet rooms for
											  both sexes, according to these sections, for all temporary places of employment. They shall be readily
											  accessible to all employees during all working hours and rest periods. These facilities may be either fixed
											  (permanently located) or portable.
(2) Toilet facilities shall be
											  either water-actuated, chemical, or biological toilets. Other systems, such as privies, combustion toilets,
											  sealed-bag toilets, and vault toilets, may be used only upon specific permission of the health authority
											  having local jurisdiction.
(3) Except as provided as follows, a
											  minimum of one toilet, either fixed or portable, shall be provided per 30 employees of each sex, or fraction
											  thereof, as determined on a daily basis at each temporary place of employment. However, when chemical toilets
											  are furnished, a minimum of one toilet per 20 employees of each sex, or fraction thereof, shall be specified
											  unless cleanout service is provided more often than once per week. When toilet facilities are not used by
											  women, urinals may be substituted for as many as one-third of the minimum number of toilets specified for
											  men.
(4) Whenever other persons in addition to employees will use
											  the same facilities, a reasonable additional allowance shall be included for them when determining the total
											  number of toilets.
(5) In those instances where the total number
											  of employees to be provided for at a job site is 15 or less, as determined on a daily basis, a single toilet
											  in a toilet room that offers complete privacy and can be locked from the inside may be provided for both men
											  and women.
(6) Toilet rooms and facilities shall be maintained in
											  a sanitary condition, free of objectionable toilet odors, during all work hours and rest periods. The floors,
											  walls, ceilings, partitions, and doors of all toilet rooms shall be of a finish that can be easily cleaned.
											  An adequate supply of toilet paper in a suitable holder shall be maintained for each toilet. Covered waste
											  receptacles shall be provided in all toilet rooms used by women.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter G - SANITATION AT TEMPORARY PLACES OF EMPLOYMENT › Section 295.167 - Standards for Hand-Washing Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) Employers shall provide hand-washing facilities for maintaining
											  personal cleanliness at every temporary place of employment. These shall be convenient for employee use and
											  shall be maintained in a sanitary condition.
(2) Hand-washing
											  facilities shall be supplied with running water, which may be gravity flow. It is required that this be
											  potable water. See §
											295.165(a) of this
											  title (relating to Standards for Water Supply).
(3) At least one
											  hand-washing facility shall be located in or adjacent to any toilet room provided for employees' use, whether
											  these are portable or at fixed (permanent) locations. A minimum of one hand-washing facility shall be
											  provided for each two toilet facilities, as determined from the requirements of §
											295.166(a)(3)
											  of this title (relating to Standards for Toilet Facilities and Toilet Rooms).
(4) A dispenser containing a suitable cleansing agent shall be provided for
											  each hand-washing facility. Individual hand towels and proper receptacles for their disposal shall be located
											  conveniently.
(5) Wherever a sufficient supply of potable water
											  for hand-washing cannot be provided at a particular temporary job site, compliance with the hand-washing
											  standards may be accomplished by providing an ample supply of disposable, pre-moistened cleaning towels and
											  emulsifiable skin cleaners. This alternative shall not be employed as a permanent substitute for hand-washing
											  facilities, however.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter G - SANITATION AT TEMPORARY PLACES OF EMPLOYMENT › Section 295.168 - Standards for Lunch or Rest Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) At all temporary places of employment where
											  employees or others are required or permitted to eat or take rest periods at the job site, employers shall
											  provide or designate one or more areas suitable for that purpose for the maximum number of persons who may
											  use them at one time. In outdoor areas where insufficient shade is available, a tarpaulin fly or similar
											  means should be provided for shade during eating and rest periods.
(b) All required sanitary facilities shall be furnished during eating and
											  rest periods. See travel distance limitations in §
										295.161(f) of this title
											  (relating to General Provisions) for more information.
(c) An
											  adequate number of covered receptacles shall be provided for disposal of all waste food. Such receptacles
											  shall be emptied at least once daily and shall be maintained free of residues. See waste collection and
											  disposal standards in §
										295.163(b) of
											  this title (relating to Standards for General Sanitation) for more information.
(d) No food shall be stored, prepared, or eaten in any area where there are
											  any materials or substances present in quantities or concentrations which may contaminate food or be
											  injurious to health.
(e) No food shall be stored or eaten in any
											  toilet room.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter G - SANITATION AT TEMPORARY PLACES OF EMPLOYMENT › Section 295.169 - Standards for Food Service

Current through Reg. 49, No. 28; July 12, 2024
The preparation, storage, and dispensing of food at any temporary
													 place of employment shall be accomplished according to Chapter 228 of this title (relating to Retail Food) as
													 administered by the health authority having local jurisdiction.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.201 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of these sections is to establish the means to
											  control and minimize public exposure to lead by regulating lead-based paint activities in target housing and
											  child-occupied facilities.
(b) Scope (for the purposes of
											  certification and accreditation).
(1) Rules application. These sections
											  contain procedures and requirements for the accreditation of lead training providers, procedures and
											  requirements for the certification of individuals and firms engaged in lead-based paint activities and
											  standards for performing such activities in target housing and child-occupied facilities. These sections also
											  require that all lead-based paint activities in target housing and child-occupied facilities be performed by
											  certified individuals.
(2) Exclusions. These sections do not
											  apply to housing for the elderly or persons with disabilities, unless a child who is six years of age or
											  younger resides or is expected to reside in that housing, nor do these sections apply to target housing with
											  zero bedrooms. These sections also do not apply to persons who perform lead-based paint activities within
											  residences which they own, unless the residence is occupied by a person or persons other than the owner or
											  the owner's immediate family while the activities are being conducted or a child residing in the building has
											  been identified as having an elevated blood lead level.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.203 - Approved Federal Documented Methodologies

Current through Reg. 49, No. 28; July 12, 2024
(a) The following approved federal documented
											  methodologies provide information for conducting lead-based paint activities:
(1) "Guidelines for the Evaluation and Control of Lead-based Paint Hazards
											  in Housing," United States Department of Housing and Urban Development (HUD), June 1995 (and 1997 Chapter 7
											  revision), issued pursuant to §1017 of the Residential Lead-Based Paint Hazard Reduction Act of
											  1992;
(2) "Standard Specification for Wipe Sampling Materials for
											  Lead in Surface Dust." American Society for Testing and Materials (ASTM) Designation E1792;
(3) "Standard Practice for Field Collection of Settled Dust Samples Using
											  Wipe Sampling Methods for Lead Determination by Atomic Spectrometry Techniques." ASTM Designation E1728;
											  and
(4) "Standard Practice for Field Collection of Soil Samples
											  for Lead Determination by Atomic Spectrometry Techniques or equivalent methods." ASTM Designation
											  E1727.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.204 - Accreditation of Training Program Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Accreditation requirement.
(1) A training program provider may seek accreditation from the department
											  to offer courses in any of the following disciplines:
(A) lead
											  inspector;
(B) lead risk assessor;
(C) lead abatement supervisor;
(D) lead abatement project designer; and
(E) lead abatement worker.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.206 - Lead Inspector: Certification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification requirements. A person must be
											  certified by the department as a lead inspector to engage in lead inspection of target housing and
											  child-occupied facilities. Certifications issued by the department prior to January 1, 2005, are valid for a
											  period of three years from the date of issue, provided that the appropriate fee is paid on time each year.
											  Certifications issued by the department on or after January 1, 2005, are valid for a period of two years from
											  the date of issue.
(b) Specific requirements of applicants for
											  certification as lead inspectors:
(1) successfully complete a lead
											  inspector training course and receive a course completion certificate from a department-accredited training
											  program provider;
(2) pass the state certification examination
											  for lead inspectors; and
(3) submit a complete application for
											  lead inspector certification to the department on a department-issued form and pay the appropriate
											  certification fee within six months of passing the state certification examination.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.207 - Lead Risk Assessor: Certification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification requirements. A person must be
											  certified by the department as a lead risk assessor to engage in lead risk assessment or lead hazard screens
											  of target housing and child-occupied facilities. Certifications issued by the department prior to January 1,
											  2005, are valid for a period of three years from the date of issue, provided that the appropriate fee is paid
											  on time each year. Certifications issued by the department on or after January 1, 2005, are valid for a
											  period of two years from the date of issue.
(b) Specific
											  requirements of applicants for certification as lead risk assessors:
(1)
											  successfully complete a lead inspector and a lead risk assessor training course, and receive course
											  completion certificates from a department-accredited training program provider;
(2) pass the state certification examination for lead risk assessors;
											  and
(3) meet or exceed the following additional education and/or
											  experience requirements:
(A) a bachelor's degree and one year of experience
											  in a related field (e.g. lead, asbestos, public health, environmental remediation work, or building
											  construction trades); or
(B) an associate's degree and two years
											  of experience in a related field (e.g. lead, asbestos, public health, environmental remediation work, or
											  building construction trades); or
(C) a high school diploma (or
											  equivalent), plus at least three years of experience in a related field (e.g. lead, asbestos, public health,
											  environmental remediation work, or building construction trades); or
(D) certification as an industrial hygienist, a professional engineer, a
											  public health nurse, a professional registered sanitarian, a certified safety professional, a registered
											  architect, or an environmental scientist.
(4) submit a
											  complete application for lead risk assessor certification to the department on a department-issued form and
											  pay the appropriate certification fee within six months of passing the state certification
											  examination.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.208 - Lead Abatement Supervisor: Certification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification requirements. A person
											  must be certified by the department as a lead abatement supervisor to engage in such activity in target
											  housing and child-occupied facilities. Certifications issued by the department prior to January 1, 2005, are
											  valid for a period of three years from the date of issue, provided that the appropriate fee is paid on time
											  each year. Certifications issued by the department on or after January 1, 2005, are valid for a period of two
											  years from the date of issue.
(b) Specific requirements of
											  applicants for certification as lead abatement supervisors:
(1)
											  successfully complete a lead abatement supervisor training course and receive a course completion certificate
											  from a department-accredited training program provider;
(2) pass
											  the state certification examination for lead abatement supervisors;
(3) meet or exceed the following additional experience requirements:
(A) one year of experience as a certified lead abatement worker;
											  or
(B) at least two years experience in a related field (e.g.
											  lead, asbestos, or environmental remediation work), or in the building construction trades; and
(4) submit a complete application for lead abatement supervisor
											  certification to the department on a department-issued form and pay the appropriate certification fee within
											  six months of passing the state certification examination.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.210 - Lead Abatement Worker: Certification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification requirements. A person must
											  be certified by the department as a lead abatement worker to engage in such activity in target housing and
											  child-occupied facilities. Certifications issued by the department prior to January 1, 2005, are valid for a
											  period of three years from the date of issue, provided that the appropriate fee is paid on time each year.
											  Certifications issued by the department on or after January 1, 2005, are valid for a period of two years from
											  the date of issue.
(b) Specific requirements of applicants for
											  certification as lead abatement workers:
(1) successfully complete a lead
											  abatement worker training course and receive a course completion certificate from a department-accredited
											  training program provider; and
(2) submit a complete application
											  for lead abatement worker certification to the department on a department-issued form and pay the appropriate
											  certification fee within one year of successfully completing the original lead abatement worker course.
(A) A person who fails to submit a complete lead abatement worker
											  certification application within one year of completing the required course will be required to additionally
											  complete a lead abatement worker refresher training course from a department-accredited training program
											  provider and receive a course completion certificate. The individual must then submit a complete
											  certification application, including a course completion certificate of the additionally required lead
											  abatement worker refresher training course, within one year of completing the refresher course.
(B) If the applicant has not submitted a complete lead abatement worker
											  certification application within three years of completing the original lead abatement worker training
											  course, including documentation of any additionally required refresher training course, the person will again
											  be subject to the certification requirements of subsection (b) of this section in order to be granted
											  certification.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.211 - Lead Firm: Certification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification requirements. All firms engaged
											  in or offering to perform lead-based paint activities in target housing and child-occupied facilities must be
											  certified by the department. Certifications issued by the department prior to January 1, 2005, are valid for
											  a period of three years from the date of issue, provided that the appropriate fee is paid on time each year.
											  Certifications issued by the department on or after January 1, 2005, are valid for a period of two years from
											  the date of issue.
(b) Specific requirements of applicants for
											  certification as lead firms:
(1) A firm seeking certification shall submit
											  to the department a letter signed by the firm's owner or an authorized agent of the firm certifying that the
											  firm will:
(A) only employ certified employees to conduct lead-based paint
											  activities; and
(B) follow the standards for conducting
											  lead-based paint activities set out in §
												295.212 of
											  this title (relating to Standards for Conducting Lead-Based Paint Activities).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.213 - Lead-Based Paint Activities Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Lead-based paint activities, as defined in
											  §
										295.202 of this title (relating to Definitions)
											  shall only be conducted according to the procedures and standards contained in §
										295.212 of
											  this title (relating to Standards for Conducting Lead-Based Paint Activities). However, the standards
											  contained in §
										295.212 of
											  this title do not apply when treating paint-lead hazards less than:
(1) two
											  square feet of deteriorated lead-based paint per room or equivalent;
(2) 20 square feet of deteriorated paint on the exterior building;
											  or
(3) 10% of the total surface area of deteriorated paint on an
											  interior or exterior type of component with a small surface area.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.214 - Notifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Notification requirement. The Texas Department of Health's (department)
											  Environmental Lead Notification Section (ELNS) and the appropriate department regional office shall be
											  notified by the certified lead firm in writing on a form specified by the department of any lead-based paint
											  abatement activity in target housing (each individual and separate residential dwelling or each building
											  within a multifamily dwelling complex) or child-occupied facilities. The department notification form must be
											  filled out completely and properly including an accurate description of the work to be performed. Blanks
											  which do not apply shall be marked "N/A." The designation of "N/A" will not be accepted for references
											  requiring identification of the work site, building description, building owner, certified lead abatement
											  firm, and individuals required to be identified on the notification form. Any changes to the original
											  notification will require that an amended notification be submitted.
(b) Responsibility. It is the responsibility of the certified lead firm to
											  notify the ELNS and regional office of any initial notifications, amendments, cancellations, or emergency
											  notifications. Each notification made to the ELNS shall contain the original signature of the certified
											  firm's owner or an authorized agent of the firm.
(c) Timeliness
											  of notification.
(1) ELNS notification. Written notifications of lead
											  abatement activity must be hand delivered, express mailed, or postmarked at least seven working days (not
											  calendar days) before the start of lead-based paint abatement. Notifications must be delivered by United
											  States Postal Service, commercial delivery service, or by hand delivery. Telephone facsimile (FAX) of
											  notifications to the ELNS is not permitted. The start date is considered to be the date when lead-based paint
											  abatement begins.
(2) Regional office notification. In addition
											  to the notification requirement in paragraph (1) of this subsection, a copy of the notification must be
											  received by the regional office on the same date that the notification is mailed to the ELNS, which shall be
											  at least seven working days prior to the start of the lead-based paint abatement. The copy of the
											  notification may be hand-delivered, express-mailed, sent by electronic mail (E-mail), or faxed to the
											  regional office.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.215 - Reciprocity

Current through Reg. 49, No. 28; July 12, 2024
(a) Terms of reciprocity. A person who is certified or licensed in good
											  standing to perform lead-based paint activities in target housing and child-occupied facilities in another
											  state may obtain reciprocal certification in the same discipline provided they are certified according to the
											  terms of these sections prior to commencing such activities.
(1) An
											  applicant seeking reciprocal certification shall submit a complete reciprocal application on a
											  department-issued form with the appropriate fee.
(2) An applicant
											  seeking reciprocal certification shall sign a statement that the applicant has read and understands the Texas
											  Environmental Lead Reduction Rules (§§
											295.201-
											  295.220 of this title) and
											  agrees to follow the standards for conducting lead-based paint activities set out in §§
											295.212
											  and
											  295.213 of this title
											  (relating to Standards for Conducting Lead-Based Paint Activities and Lead-Based Paint Activities
											  Requirements).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.216 - Accreditation and Certification Fee Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a) Accreditation. Accreditation fees for
											  training programs operated by any federal, state, or local government, or nonprofit entities shall be
											  waived.
(b) Certification.
(1)
											  Government employees who currently possess a fee-exempt certification which was issued prior to September 1,
											  2003, for the sole purpose of executing governmental duties in the course of their employment shall continue
											  to remain exempt from annual fees until their certification expires, provided that the certified individual
											  remains employed by the government and the governmental nature of the duties performed remain unchanged.
											  Except as specified in paragraph (2) of this subsection, upon expiration of this fee-exempt certification,
											  the appropriate fee shall be paid upon submission of a complete certification application for
											  renewal.
(2) Employees of the Department of State Health
											  Services, who engage in a lead-based paint activity as a condition of their employment, shall be exempt from
											  certification fees and examination fees. Fee-exempted certifications shall be restricted for use only in
											  required departmental duties and the credentials will indicate the restriction. If the department employee is
											  no longer required to possess certification as a condition of employment or the individual terminates
											  employment from the department, all unexpired fee-exempt certification credentials shall immediately be
											  returned to the Environmental Lead Program and closed. If fee-exempt certifications are used to perform
											  non-department related lead-based paint activities, penalties may be assessed against the
											  individual.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.218 - Compliance: Inspections and Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Health (department)
											  shall maintain the right to inspect or investigate the practices of any person involved in lead-based paint
											  activities in target housing or child-occupied facilities as defined in this subchapter of this title
											  (relating to Texas Environmental Lead Reduction).
(b) A
											  department representative, upon presenting appropriate credentials, shall have the right to enter at all
											  reasonable times any area or environment, including but not limited to any containment work area, building,
											  construction site, storage, vehicle, training facility, or office area to inspect and investigate for
											  compliance with these sections of this title (relating to Texas Environmental Lead Reduction), to review
											  records, to question any person, or to locate, identify, sample, and assess the condition of lead-based
											  paint-containing material.
(c) Advance notice of inspections or
											  investigations by the department is not required.
(d) Authority
											  and responsibility for the qualifications, health status, and personal protection of department
											  representatives reside with the department. A department representative shall not be impeded or refused entry
											  in the course of his official duties in accordance with these regulations by reason of any regulatory or
											  contractual specification. A person who refuses to allow a compliance inspection shall be in violation in
											  these sections of this title (relating to Texas Environmental Lead Reduction).