4 Tex. Admin. Code § 8.8

Current through Reg. 49, No. 50; December 13, 2024
Section 8.8 - Crop Sheets
(a) Development of crop sheets.
(1) The department shall develop crop sheets which contain information relevant to specific crops including pesticides most commonly used on particular crops, the acute and chronic health effects of these pesticides, ways to minimize pesticide exposure, recommended medical emergency measures, and agricultural laborers' rights.
(2) For purposes of developing crop sheets and complying with other provisions of the Act and this chapter, the department will consider each of the following logical groupings to be a single crop:
(A) nursery stock; and
(B) citrus.
(3) The information on crop sheets shall be provided in both English and Spanish.
(4) The department may provide crop sheets in other languages commonly used by agricultural laborers who work with a particular crop.
(5) The department shall annually provide to each covered employer copies of appropriate crop sheets for crops grown in the relevant region. If a covered employer has not received a crop sheet for any crop that the covered employer grows, the covered employer shall request appropriate crop sheets from the local regional office of the department or the Service.
(6) The department shall update and distribute crop sheets as significant new information becomes available.
(b) Providing and reading crop sheets to laborers.
(1) A covered employer shall provide an appropriate crop sheet and ensure that the information on the crop sheet designated by the department is read to each agricultural laborer including each laborer assigned to a new crop. This information shall be read in either Spanish or English, as appropriate. The most current crop sheets for the crops the laborer will be working with shall be provided and read on the first day of the work season or the first day the laborer begins employment, whichever is later. For nursery or greenhouse workers, the work season shall be deemed to run from January 1 to December 31 of each calendar year. The covered employer shall provide and ensure that the appropriate information on crop sheets is read prior to the time the laborer begins to work.
(2) A covered employer may comply with the obligation under paragraph (1) of this subsection to ensure that the appropriate information is read by playing to laborers a tape recording of the information required to be read.
(3) A covered employer shall inform those agricultural laborers to whom the covered employer is required to read a crop sheet, including each laborer who is assigned to a different crop or job, of the product name of the covered pesticide chemical, the date and time it was last applied or is scheduled to be applied to the work area, and the expiration date of its reentry interval, except that such information is not required to be provided to those agricultural laborers who are not field laborers. An example of this type of agricultural laborer is a packing shed worker who works only in the shed.
(4) A covered employer does not have to provide or read a crop sheet or provide the information described in paragraph (3) of this subsection to an agricultural laborer who has a card issued under the Act, §125.009(g), except that a crop sheet is required to be provided to any agricultural laborer upon request.
(5) A covered employer shall provide crop sheets and the information described in paragraph (3) of this subsection to any agricultural laborer upon request.
(6) A covered employer may comply with the requirements of paragraph (1) of this subsection for its agricultural laborers who are not field workers by posting in a conspicuous place at the work area a replica of the crop sheets for crops which are handled by those laborers. The posters must be at least 14 inches by 22 inches and must contain all of the information included on the crop sheet(s) for crops handled by those laborers.
(c) A covered employer shall offer to each agricultural laborer, on the day on which the laborer is first paid for that work season, basic safety and health-related information provided to the covered employer by the department.

4 Tex. Admin. Code § 8.8

The provisions of this §8.8 adopted to be effective February 14, 1989, 14 TexReg 617; Amended by Texas Register, Volume 48, Number 06, February 10, 2023, TexReg 0655, eff. 2/13/2023