Sec. 125.013. RIGHTS OF AGRICULTURAL LABORERS. (a) Agricultural laborers employed by employers covered by this chapter who may be exposed to chemicals covered by this chapter shall be informed of the exposure and shall have access to the workplace chemical list and MSDSs for those chemicals. Laborers, on request, shall be provided a copy of a specific MSDS. In addition, laborers shall receive training on the hazards of the chemicals and on measures they can take to protect themselves from those hazards and shall be provided with appropriate personal protective equipment as required by this chapter. These rights are guaranteed on January 1, 1988.
(b) An employer covered by this chapter may not discharge, cause to be discharged, otherwise discipline, or in any manner discriminate against an agricultural laborer because the laborer has made an inquiry, filed a complaint, assisted an inspector of the department who may make or is making an inspection under Section 125.016 of this code, instituted or caused to be instituted any proceeding under or related to this chapter, testified or is about to testify in such a proceeding, or exercised any rights afforded under this chapter on behalf of the laborer or on behalf of others. Pay, position, seniority, or other benefits may not be lost as the result of the exercise of any right provided by this chapter.
(c) Any waiver by an agricultural laborer of the benefits or requirements of this chapter is against public policy and is void. Any employer's request or requirement that a laborer waive any rights under this chapter as a condition of employment is a violation of this chapter.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle G - Workplace Chemicals
Chapter 125 - Agricultural Hazard Communication Act
Section 125.001. Declaration of Purpose
Section 125.004. Workplace Chemical List
Section 125.005. Workplace Chemical List Form, Maintenance, and Access
Section 125.006. Material Safety Data Sheets
Section 125.008. Emergency Information
Section 125.009. Training Program Provided by Department
Section 125.010. Crop Sheet Developed by Department
Section 125.011. Crop Sheet Provided by Employer
Section 125.012. Protective Clothing
Section 125.013. Rights of Agricultural Laborers
Section 125.014. Department Rules; Outreach Program
Section 125.015. Liability Under Other Laws