Texas SDS laws & safety compliance analysis

Texas SDS: What you need to know

· Rules. The state community right-to-know rules for submitting material safety data sheets (MSDSs) to LEPCs and fire departments mirror federal rules.

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The OSH Act governs workplace safety and health rules, including worker right-to-know provisions, in private sector workplaces. The THCA governs public sector employers only (state and local government). The THCA follows federal rules for MSDSs, and includes specific MSDS penalties and a prohibition against working with chemicals for which an MSDS is not available. See the national section MSDS for more information about the federal rules.

Agricultural employers are governed by the Texas AHCA. AHCA's MSDS requirements are those of the OSH Act also-but in addition, agricultural employers are required to maintain MSDSs for pesticides labeled under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

· Administration and enforcement. DSHS administers the community right-to-know rules concerning MSDSs and the workplace safety and health MSDS requirements in Texas's public sector workplaces. OSHA administers workplace safety and health rules, including those for worker right-to-know and MSDSs, in private sector workplaces. TDA administers the MSDS rules for agricultural workplaces.

PRIVATE SECTOR-AGRICULTURE

PESTICIDE MSDS REQUIRED

4 TAC 8.6

A covered employer is responsible for obtaining and maintaining the most current appropriate MSDS, product label, or equivalent documentation for each covered pesticide chemical he or she buys, applies, or causes another to apply.

MSDS ALTERNATIVE

4 TAC 8.6

In the case of a chemical labeled under FIFRA for which an MSDS is both unavailable and not required under the federal OSHA ...


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