The Texas Hazard Communication Act (THCA), Chapter 502 of the Health and Safety Code (HSC), requires public employers to provide information to employees regarding hazardous chemicals they may be exposed to in the workplace. The Public Employer Community Right-to-Know Act, Chapter 506 of the Health and Safety Code, and Texas Administrative Code (TAC), Title 25 Chapter 295, requires public employers to make information regarding hazardous chemicals accessible to local fire departments, local emergency planning committees, and, through the Texas Department of State Health Services (TDSHS), the general public.
The ACC Hazard Communication Program is administered through the Environmental, Health, Safety and Insurance Office. Responsibility for compliance is delegated from the President of ACC throughout administrative channels to every supervisor. The ACC HazCom Program applies to all ACC employees, staff, faculty and student employees that have occupational exposure to hazardous chemicals.
The objective of Austin Community College’s Hazard Communication Program is to provide training, personal protective equipment and information regarding hazardous chemicals so that employees may work safely with hazardous chemicals found in the workplace. In addition, written plans that describe how the ACC HazCom Program will be implemented will be maintained within each workplace. Employees have an obligation to strictly adhere to established procedures on safe handling and disposal of hazardous materials.
It is the goal of Austin Community College to provide employees and students with a safe and healthful environment by means of a “Hazard Communication Program”.
Employers are subject to administrative penalties and civil or criminal fines ranging from $50.00 to $100,000 for each violation of the Texas Hazard Communication Act.
(HSC 502.004; 506.005)
The Austin Community College Hazard Communication Program requirements do not apply to chemicals in the following categories: Hazardous waste regulated under the Federal Resource Conservation and Recovery Act. Tobacco or tobacco products; Wood or wood products; Food, drugs, cosmetics, or alcoholic beverages in a retail sale establishment that are packaged for sale to consumers; Foods, drugs, or cosmetics intended for personal consumption by an employee while in the workplace; Any consumer product or hazardous substance, if the employer can demonstrate it is used in the workplace in the same manner as normal consumer use and if the use results in a duration and frequency of exposure that is not greater than exposure experienced by consumers; Any article that is formed to a specific shape or design during manufacture, that has end-use functions dependent in whole or in part of its shape or design during end use, and that does not release or otherwise result in exposure to a hazardous chemical under normal conditions of use (e.g., tires, PVC piping); Any drug, as that term is defined in the Federal Food, Drug, and Cosmetic Act.
The Hazard Communication Program for Austin Community College shall be administered by the EHS and Insurance Office, whose line of administrative authority is through the Executive Vice President of Finance and Administration.
The President: College official ultimately responsible for ACC’s compliance with environmental health and safety regulations. The President shall show visible support for safety as a value at ACC, through funding and appropriate staffing in support of the ACC Hazard Communication Program.
The Executive Team/Administrators: Responsible for insuring implementation of Hazard Communication Program in their areas of responsibility, showing visible support for the Program and for insuring the health and safety of their department’s employees and ACC students.
Deans, Unit Directors (Unit Heads), Department Chairs: Have ultimate responsibility for implementation and compliance with the ACC HazCom Program within their disciplines/areas/units. They may assign responsibilities for the HazCom Program implementation to a person(s) for each Workplace Area/Unit to perform the duties of Area/Unit HazCom Administrator and HazCom Coordinator listed below. This designation of duties does not reduce ultimate responsibility of Unit Heads or Supervisory Personnel responsibility for compliance to the Program.
EHS and Insurance Office: Administers and coordinates the ACC HazCom Program for ACC employees and facilities. Duties of the EHS and Insurance Office include:
The AREA/UNIT HAZCOM ADMINISTRATOR will:
The AREA HAZCOM COORDINATOR will:
Staff, Faculty and Students will:
Contracted Construction, Repair and Maintenance Personnel:
Contractors working for ACC will comply with Texas and Federal Hazard Communication Acts and the ACC HazCom Program regarding hazardous materials used during projects
Immediately report any incident/accident that directly or indirectly involves chemical exposure, or that involves asphyxiation, or that is fatal to one or more employees, or results in the hospitalization of five or more employees to the EHS and Insurance Office. Within 48 hours of the occurrence, the EHS and Insurance Office will report the accident, either orally or in writing, to the Texas Department of State Health Services. The report to the TDSHS shall relate the circumstances of the accident, the number of fatalities, and the extent of any injuries. ACC will supply additional written reports if TDSHS feels it is necessary to complete an investigation of an incident.
(HSC 502.017 (b))
Unplanned or Accidental Releases - Party(s) responsible for the release of hazardous materials will immediately notify all individuals in the affected area, Campus Police, the EHS and Insurance Office and the Unit Head or Unit HazCom Administrator.
The responsible party(s) will provide to the EHS and Insurance Office any precautionary information on the chemicals, including the Safety Data Sheet. The Area HazCom Coordinator will ensure that individuals in the affected area are provided information on the hazards of the chemicals, measures that they can take to protect themselves from those hazards and access to SDSs.
An official Texas Department of State Health Services “Notice to Employees” (English/Spanish) will be posted at the location(s) within each workplace where employee notices are normally posted. The EHS and Insurance Office will ensure that ACC employees who may be exposed to hazardous chemicals (including products with which they do not work directly) are informed of the potential for exposure and are provided access to applicable work area chemical lists and SDSs for those hazardous chemicals upon request.
An employee shall not be disciplined, harassed, or discriminated against by an employer for filing complaints, assisting inspectors of the TDSHS, participating in proceedings related to the Texas Hazard Communication Act (THCA), or exercising any rights under the THCA. Employees cannot waive their rights provided by the THCA.
A request or requirement for such a waiver by an employer is a violation of the Act.
(HSC 502.009; 502.017(b))
Employee education and training are essential components of the ACC HazCom Program. Supervisors will provide appropriate work place training to employees who use or handle hazardous chemicals as a part of their normal work assignments. HazCom training of a new or newly assigned employee will be given before the employee works with or handles hazardous chemicals. Employees will receive additional training when the potential for exposure to hazardous chemicals in the employee’s work area increases significantly or when the employer receives new and significant information concerning the hazards of a chemical in the employee’s work area.
Training topics will include:
1. Interpreting SDSs, container labels and the relationship between the two methods of hazard communication;
2. Location of SDSs in the workplace and how to obtain them;
3. Hazards associated with applicable categories of hazardous chemicals (e.g., flammable, corrosive, toxic, and reactive) including health effects;
4. Methods for identifying specific chemicals within each chemical hazard group (e.g., DOT labels, NFPA 704 system, chemical container labels);
5. Identity and location of hazardous chemicals the employee will handle;
6. Safe handling procedures, including proper storage and separation of incompatibles;
7. Location, selection, use and care of appropriate protective clothing and equipment to minimize exposure to hazardous chemicals;
8. First aid treatment to be used with respect to the hazardous chemicals the employee will handle;
9. Instructions on spill cleanup procedures and proper disposal of hazardous chemicals.
1. All personnel who use or handle hazardous chemicals as part of their normal work assignment will receive appropriate HazCom training.
2. All employees who have the potential of being exposed to hazardous chemicals will receive Right-to-Know Training through the EHS&I office.
3. Faculty teaching classes with possible exposure to hazardous chemicals is responsible for training their students. Training will include appropriate safety information and instruction on use and storage of hazardous chemicals; the instructor or class supervisor will provide this training before any students are allowed to engage in activities that use hazardous materials.
Training Records: The Dean/Unit Head/Department Director of each workplace area/unit will maintain, for at least 5 years, a record of each employee’s training session, including:
1. the date of training;
2. an attendance roster;
3. specific topics covered;
4. names of the instructor(s). Documentation of HazCom training should also be placed in the employee's official personnel file.
(Appendix III shows a suitable Training Record Form that can be used for these purposes.)
Notification of Training Completion: The Dean/Unit Head/Department Director of each workplace area/unit will provide annual written notice of training completion to EHS and Insurance Office stating that the required training for all Area employees has been completed.
Safety Data Sheets (SDSs) are legal documents that provide hazard information on chemicals or chemical products produced or distributed in the United States. Federal and State laws require employers to provide employees access to SDSs for hazardous chemicals or chemical products in the work environment. Employer is responsible for ensuring SDSs are available for every hazardous chemical at their location. Each area will:
Work Area Chemical Inventory (WACI): Each work area (e.g. teaching laboratory, chemical stock room, paint shop, art room, print center, photography lab, automotive area, etc.) will maintain an inventory listing all hazardous chemicals or chemical products present, regardless of quantity, in any given room in that work area on the Work Area Chemical Inventory form (App. IV). The hazardous chemicals or products will be listed using the same name found on the container label and SDS.
The WACI Will include, as appropriate:
1. Name and telephone number of person responsible for the work area and the name of the person responsible for compiling the inventory;
2. The work place: Campus and Building number if applicable;
3. Chemical or common name of a product and its hazardous ingredients;
4. CAS Number;
5. Room number where chemical/product is stored;
6. Maximum quantity of product ever stored at one time;
7. NFPA hazard number associated with the product
The supervisor, or their designee, for each work area will update and provide the inventory to the HazCom Administrator annually, or as requested. A WACI will be updated when a new chemical or additional quantity above normal restocking amounts of chemical is purchased. The HazCom Coordinator shall provide the inventories to EHS and Insurance Office by October 31st of each year and as necessary when items are added to or deleted from the inventory. The Area HazCom Coordinator will maintain a copy of each WACI for the current year. These are to be readily accessible to employees. EHS and Insurance Office will use WACIs to compile a Workplace Chemical Inventory (WPCI) and to provide required information to various government agencies. The WPCI includes only those hazardous chemicals in a designated workplace that are equal to or greater than the “workplace reporting threshold”.
Work Place Chemical Inventory (502.005) If a designated workplace is occupied by more than one chemical using area, a single WPCI will be compiled by combining WACIs for all Areas within the workplace. EHS will sign and date the WPCI. The WPCI will remain on file at the EHS and Insurance office for 30 years. A new WPCI for each designated workplace will be compiled by December 31 of each year, or as needed.
All containers at the College must have labels accurately and clearly describing the contents. Containers of hazardous chemicals must be labeled with required information as noted below. All other containers must still be labeled with the contents even if they do not contain hazardous chemicals so they can be identified as non-hazardous. Primary Containers are hazardous chemical containers received from the manufacturer and have the manufacturers’ labels attached.
1. Primary Container labels must include:
a. identify the material as it is shown on the SDS;
b. Name, address and telephone number of manufacturer or importer;
c. Signal word(s): Indicate severity of hazard(s);
d. Hazard statements: Describe the nature of the hazard(s);
e. Precautionary statements: Recommended measures to protect oneself from risk;
2. Existing labels on a container with a hazardous chemical shall not be removed or defaced unless they are illegible, inaccurate, or do not conform to the Hazard Communication Act labeling requirements. If a primary container label is removed or missing, the container must be relabeled with the information above.
3. Secondary Chemical containers/portable containers of chemical labels must include:
a. identify the material as it is shown on the SDS;
b. Signal word(s): Indicate severity of hazard(s);
c. Hazard statements: Describe the nature of the hazard(s);
d. Precautionary statements: Recommended measures to protect oneself from risk;
(HSC §502.017 and 25 TAC §295.12)
Definitions of Terms
The terms used in this Program will have the following meanings.
“APPROPRIATE HAZARD WARNING”--Any words, pictures, symbols, or combination there of appearing on a label or other appropriate form of warning which convey the health and physical hazards, including the target organ effects of the chemical (s) in the container(s).
“APPROPRIATE PERSONAL PROTECTIVE EQUIPMENT” (PPE) OR “PROTECTIVE EQUIPMENT”-- Equipment that is provided to an employee by the employer that will be adequate to ensure their health and safety based on current industry standards and provides a level of protection to chemicals which the employee may be exposed. In determining the selection of PPE, the employer shall consider all routes of entry, permeability of PPE materials, the duties being performed by the employee, the hazardous chemicals present, and such other factors as may affect the performance of the equipment. The employer must ensure that the provided equipment fits the individual employee and is functional for its intended use as described by the manufacturer's specifications.(Includes clothing or devices intended to prevent exposure to hazardous chemicals (e.g., respirator, gloves, lab coat).
"CHEMICAL NAME"-- The scientific designation of a chemical in accordance with the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) of the Chemical Abstracts Service (CAS) rules of nomenclature or a name that clearly identifies the chemical for the purpose of conducting a hazard evaluation.
"COMMON NAME"-- A designation of identification, such as a code name, code number, trade name, or generic name, used to identify a chemical other than by its chemical name.
"EMPLOYEE"-- A person who is on the payroll of ACC, full or part-time and who may be or may be exposed to hazardous chemicals in the person's workplace under normal operating conditions or foreseeable emergencies.
"EXPOSE" or "EXPOSURE"-- When an employee is subjected to a hazardous chemical in the course of employment through any route of entry, including inhalation, ingestion, skin contact, or absorption. The term includes potential, possible, or accidental exposure under normal conditions of use or in a reasonably foreseeable emergency.
“EXTREMELY HAZARDOUS SUBSTANCE”-- Any substance as defined in EPCRA, Section 302, or listed by the United Sates Environmental Protection Agency in 40 CFR Part 355. The list of Extremely Hazardous Substances and Threshold Reporting Quantities can be accessed through the EHS and Insurance Web page as an Appendix to the ACC Haz-com program.
"HAZARDOUS CHEMICAL"-- Any element, compound or mixture of elements or compounds that poses a physical or health hazard. Relatively innocuous materials such as NaCl, sugars, enzymes, etc. are exempt. A hazard determination may be made by employers who choose not to rely on the evaluations made by their suppliers if there are relevant qualitative or quantitative differences. A hazard determination shall involve best professional judgment: factors such as quantity, concentration, physical properties (i.e., volatility) and use may be considered.
"HazCom"-- Hazard Communication
"HEALTH HAZARD"— Chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hemopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.
"HSC" -- Texas Health and Safety Code. "LABORATORY"-- Any research, analytical, or clinical facility equipped for experimentation, observation, or practice in a science or for testing and analysis.
"NAME " - the chemical identity on the container label, the SDS, and work area chemical inventory list.
"PERSONAL PROTECTIVE EQUIPMENT" -- see Appropriate Personal Protective Equipment.
"PHYSICAL HAZARD"-- A material for which there is scientifically valid evidence that it is a combustible liquid, explosive, flammable, compressed gas, organic peroxide, oxidizer, pyrophoric, unstable (reactive), or water reactive.
“PRIMARY CONTAINER”-- The original container in which the chemical arrives from the manufacturer.
"READILY AVAILABLE"—Access to an SDS during an individual's work shift.
“RESEARCH LABORATORY”-- Facility equipped for scientific investigation or experimentation aimed at the discovery and interpretation of facts, revision of accepted theories or laws in the light of new facts, or practical application of new or revised theories or laws. NOTE: For the purposes of the Texas Hazard Communication, this DOES NOT include teaching labs or chemical stock rooms.
"TDSHS"-- The Texas Department of State Health Services
"TEXAS TIER TWO REPORT"-- A report submitted annually to the Texas Department of State Health Services reporting quantities of hazardous chemicals per the Texas Tier Two Reporting requirements.
"UNIT"-- A department, service or other distinct administrative organization.
"WORK AREA"-- A room, a defined space, a utility structure or an emergency response site within a workplace where hazardous chemicals are present, produced, used, or stored and where employees are present.
"WORKPLACE"-- An establishment at one geographical location containing one or more work areas. A single building or a complex of buildings in close proximity with similar work activities can be designated as a workplace. ACC workplaces are designated by EHS.
"WORK AREA CHEMICAL INVENTORY"-- The list of hazardous chemicals in a designated work area.
“WORKPLACE REPORTING THRESHOLD”-- A quantity used to determine Tier Two Reporting requirements. Reporting threshold is for hazardous chemicals that exceed 10,000 pounds or an extremely hazardous substance that exceeds 500 pounds at any time during the year.
WORK AREA IMPLEMENTATION PLAN
The purpose of this plan is to designate, by area, personnel responsible for carrying out duties required to insure compliance with the ACC HazCom Program. It can be customized for each area. A signed copy of plan must be submitted to the EHS and Insurance Office and a file copy kept in each area. Updates or changes must be submitted to EHS and Insurance Office.
EHS and Insurance Office webpage under Hazardous Chemical Inventory)
Person Preparing Plan____________________________________________________ Date ________
APPROVAL SIGNATURE: Responsible Dean /Unit Director ____________________________________________Date________
Copies of the form can be obtained by email. Call EHS and ask for recent WACI form.
Download the Excel file onto computer hard drive and then complete information.
Only electronic copies of the completed form can be submitted to the EHS and Insurance Office.
Hardcopies will not be accepted.
Complete one form per work area.
Place all appropriate information on the form in the blank spaces provided
1. Identity - Place in this column the name of the material as it appears on the container’s label and/or SDS.
2. Manufacturer Name
3. Chemical Contents - If you are reporting a mixture of chemicals, place each of the chemical names (shown on the SDS) in a separate block of the form moving downward. When reporting a mixture with a ‘generic’ name, such as gasoline, diesel, kerosene, etc., the individual ingredients do not have to be listed. If the product you are reporting has a trade secret formula, the generic name (provided on the SDS) may be used, such as “petroleum distillates”. If the SDS does not provide a generic chemical name, the words “Trade Secret” may be used.
4. CAS Number - Place the Chemical Abstract Service (CAS) Number of the substance in this column. If the substance/mixture does not have a CAS Number, place the CAS Number of the primary hazardous ingredient.
5.Room number(s) – Room where chemical is stored
6.SDS availability: Note if a hard copy SDS is available.
7. Quantity or Amount – This is the maximum amount of each hazardous chemical stored on any one day during the year. Liquids: Place numerical value in ‘Liquids’ column and units of measure such as gallons, liters, ounces, etc. in the second column. Solids: Place Numerical value in ‘Solids’ column and units of measure such as pounds, grams, kilograms, etc. in the second column
8. NFPA Rating - This section must be completed. Enter the NFPA numerical ratings for each chemical. These ratings can be found on the SDS for each chemical. SDS for specific chemicals can usually be located at the manufacturer’s website.
CYPRESS CREEK CAMPUS (CYP)
EASTVIEW CAMPUS (EVC)
ELGIN CAMPUS (EGN)
HAYS CAMPUS (HYS)
HIGHLAND BUSINESS CENTER (HBC)
HIGHLAND MALL FACILITIES (HLC)
NORTHRIDGE CAMPUS (NRG)
PINNACLE CAMPUS (PIN)
RIVERSIDE CAMPUS (RVS)
RIO GRANDE CAMPUS (RGC)
ROUND ROCK CAMPUS (RRC)
SERVICE CENTER (SVS)
SERIVCE CENTER SOUTH (SCS)
SOUTH AUSTIN CAMPUS (SAC)
* ACC off-site locations / host institutions – ACC will provide a chemical listing to administration of host properties.
If you use chemicals in your department, you are required by Texas Law to submit a Work Area Chemical Inventory. This is due annually by October 31st and should be sent to David Watkins email@example.com .