(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.
(d) The employee education and training program shall include training sessions for employees and the record of each training session. The training subjects listed in subsection (c)(4) of this section shall be conducted in the following manner:
  (1) the instruction may be provided by categories of chemicals under the Act, §502.009(d); or
  (2) the instruction may be provided for specific chemicals known to be present and to which the employee may be exposed.
(e) Training records may be maintained by the employer in either printed or electronic form, must be developed for each session which is necessary to demonstrate compliance, and shall contain all of the following information:
  (1) the date of the training session;
  (2) a legible list of names of all the employees who attended the training session;
  (3) any of the subjects listed in subsection (c)(4) of this section which were included in the training session, and the names of the categories of chemicals that were covered in the training session, if training is conducted by such categories; and
  (4) a legible list of names of all instructors who provided the training for that session.
(f) When training is conducted by categories of hazardous chemicals under the Act, §502.009(d), the employer shall ensure that all the categories used are adequate to cover all hazardous chemicals to which the employees may be exposed. Such training need only cover those categories of chemicals which are appropriate, based on the hazards presented by the chemicals to which the employees may be exposed.
(g) Training for new or newly assigned employees must be completed prior to assigning any duties that may result in exposure to hazardous chemicals.
(h) Emergency service organizations shall provide to their members or employees the following information:
  (1) for any hazardous chemicals which the members or employees use or handle, the emergency service organization shall provide the training required by the Act, §502.009(c);
  (2) for any hazardous chemicals to which the members or employees may be exposed during emergency responses, the emergency service organization shall provide information on the recognition, evaluation, and control of exposures to such chemicals.
(i) The information referenced in subsection (h)(2) of this section may be in the form of training sessions, written materials, or any other form of communication which provides this information. Training which meets the requirements of the Hazardous Waste Operations and Emergency Response Rule which was promulgated by the U.S. Environmental Protection Agency in Title 40 CFR, Part 311 shall meet the requirements for the Act, §502.009(h), and subsection (h)(2) of this section.

Source Note: The provisions of this §295.7 adopted to be effective September 1, 1999, 24 TexReg 3711; amended to be effective July 3, 2003, 28 TexReg 4914