Section 8.7 - Workplace Chemical List(a) Defined. A workplace chemical list (WCL) is a form that must be completed with the information required by the Act, § §125.004-.005. In order to determine whether the covered pesticide chemical must be listed, a covered employer shall total the quantities of pesticide products containing the same active ingredient to determine whether more than the threshold amount of any covered pesticide chemical is actually used or stored annually in the workplace. In order to determine total quantities when both liquid and dry formulations of a covered pesticide chemical have been used or stored, the covered employer shall convert pounds to gallons or gallons to pounds using the ratio 9.09 pounds/gallon or.11 gallon/pound. The following documents or information shall be attached to the workplace chemical list: (1) the material safety data sheet, generally referred to as the "safety data sheet" (SDS) for each chemical listed on the workplace chemical list, or in the case for which an SDS is both unavailable and not required under the federal Occupational Health and Safety Administration hazard communication standard, a product label, or equivalent documentation;(2) crop sheets and other health and safety data provided by the department that the covered employer has been required to distribute to the covered employer's agricultural laborers; and(3) an estimate of the amount of the product applied and estimate of the number of acres treated. The department's workplace chemical list form will include a space in which the covered employer may provide this information.(b) Responsibility to compile and maintain a workplace chemical list. (1) The department shall prescribe a form for the workplace chemical list required by the Act. The form shall include places in which a covered employer shall list the name of the crop(s), the product name of all covered pesticide chemicals that are applied to the crop and/or stored at the workplace in excess of the threshold amount, the locations and dates of the application of all covered pesticide chemicals used, and the storage locations of the covered pesticide chemicals at the workplace. The department may approve a computerized format if the format fulfills the requirements of the Act.(2) A covered employer shall compile and maintain a workplace chemical list for covered pesticide chemicals as specified in subsection (a) of this section.(3) The covered employer may choose to maintain a single list for each crop, each work area, or each workplace, provided that the list contains sufficient information to identify the date and location of pesticide application(s) and the name(s) of the pesticide(s) applied.(4) If the list is compiled by workplace containing various work areas in different counties, copies of the list shall be kept at the place of business closest to the work area.(5) The covered employer is responsible for obtaining the workplace chemical list form from a department regional office or the department website and is not relieved of these duties under the Act and this chapter because he or she has not received a form from the department.(6) A covered employer's responsibility to maintain a workplace chemical list includes the entering of information regarding the application of covered pesticide chemicals as they are applied, used, or stored in excess of the amounts specified in subsection (a) of this section.(7) The covered employer shall either: (A) maintain workplace chemical lists and attachments at the principal place of business in Texas for 30 years; or(B) file workplace chemical lists and attachments with the department annually.(8) Any covered employer who wishes to file these records with the department shall include the covered employer's identification number. Records should be sent to the Texas Department of Agriculture, Pesticide Program, P.O. Box 12847, Austin, Texas 78711. Records for each calendar year shall be filed by January 31 of the following year. The department shall issue a receipt acknowledging records have been received from the covered employer.(9) If the department determines that a covered employer repeatedly fails to maintain the workplace chemical list and its attachments as required, the department may require the covered employer to file annually the list and attachments with the department.(10) If a workplace ceases to be used for the agricultural activities for which the workplace chemical list and attachments are required, the covered employer shall send the workplace chemical lists and attachments to the Texas Department of Agriculture, Pesticide Program, P.O. Box 12847, Austin, Texas 78711.(11) If the agricultural activities for which the workplace chemical list and attachments are maintained continue at a workplace but the covered employer is succeeded or replaced in function by another person, the successor shall comply with the provisions of this subsection. The successor is not liable for violations of the Act or this chapter committed by his predecessor unless the transaction(s) leading to the transfer were undertaken for the purpose of avoiding responsibility for violations of the Act or this chapter.(12) A licensed commercial applicator may satisfy the obligations to keep records under the Texas Agriculture Code, §76.114, and § 7.33 of this title (relating to Records of Application, and to maintain the workplace chemical list by maintaining a single record, provided that the records maintained comply with all of the requirements of this section as well as of §7.33 of this title (relating to Records of Application). The department will develop a form for the workplace chemical list which satisfies the recordkeeping requirements for applicators.(c) Access to the workplace chemical list. (1) A covered employer shall make the workplace chemical list and attachments accessible to an agricultural laborer, a designated representative, treating medical personnel, or a member of the community. The term "accessible" as used in this chapter means: (A) in nonemergency situations, the term "accessible" means that the documents or information shall be provided to a requester for reading or copying, within a reasonable period of time, but in no event more than five normal working days from the time of a reasonable request. The term "reasonable request" as used in this section means a request made orally or in writing either directly to the covered employer, a managerial or supervisory employee employed by the covered employer's place of business, or an employee designated by the covered employer to receive such requests during normal working hours at the workplace or the employer's place of business;(B) in the case of a medical or safety emergency, the term "accessible" means that the document or information shall be given immediately to the requester authorized by the Act and this chapter regardless of when the request is made.(2) A designated representative or treating medical personnel is not required to identify the agricultural laborer being represented or treated.(3) Before a covered employer allows an agricultural laborer to work with a covered pesticide chemical or in a work area where a covered pesticide chemical is used or stored, the covered employer shall inform the agricultural laborer orally or in writing of the existence of the workplace chemical list and its location.(4) If the covered employer has filed the workplace chemical list with the department, the covered employer shall inform the requester that the requested workplace chemical list is available from the department and provide the department's contact information.(5) If a covered employer refuses to make accessible the workplace chemical list and attachments to a designated representative, treating medical personnel, or member of the community, that person may notify the appropriate regional office of the department of the request and of the covered employer's refusal.(6) When the department is notified that a covered employer has refused to provide a copy of the workplace chemical list and attachments to a designated representative, or member of the community, the department shall, within two working days from the day of receiving the notice, request the covered employer to provide the department with the list and attachments. The department's request to the covered employer may be either oral or written.(7) If the department, on behalf of a designated representative, requests a copy of the workplace chemical list and attachments from the covered employer, the covered employer shall provide the copy to the department within 24 hours of the request.(8) If the department, on behalf of a member of the community, requests a copy of the workplace chemical list and attachments from the covered employer, the covered employer shall provide the copy to the department within 14 days of the request.(9) A covered employer may not refuse to provide the workplace chemical list form and attachments to an employee or treating medical personnel.(d) Department workplace chemical list files. (1) The department may request a copy of any workplace chemical list and attachments from any covered employer.(2) The department shall maintain and preserve the data from each workplace chemical list and attachments filed for 30 years.(3) The department shall make this data available upon request to an agricultural laborer, designated representative, member of the community, treating medical personnel, and other medical and health care personnel. The provisions of this §8.7 adopted to be effective February 14, 1989, 14 TexReg 617; amended to be effective July 5, 1994, 19 TexReg 4814; Amended by Texas Register, Volume 48, Number 06, February 10, 2023, TexReg 0655, eff. 2/13/2023