Sec. 502.017. EMPLOYEE NOTICE; RIGHTS OF EMPLOYEES. (a) An employer shall post and maintain adequate notice, at locations where notices are normally posted, informing employees of their rights under this chapter. If the department does not prepare the notice under Section 502.008, the employer shall prepare the notice.
(b) Employees who may be exposed to hazardous chemicals shall be informed of the exposure and shall have access to the workplace chemical list and MSDSs for the hazardous chemicals. Employees, on request, shall be provided a copy of a specific MSDS with any trade secret information deleted. In addition, employees shall receive training concerning the hazards of the chemicals and measures they can take to protect themselves from those hazards. Employees shall be provided with appropriate personal protective equipment. These rights are guaranteed.
(c) An employer may not discharge, cause to be discharged, otherwise discipline, or in any manner discriminate against an employee because the employee has:
(1) filed a complaint;
(2) assisted an inspector of the department who may make or is making an inspection under Section 502.011;
(3) instituted or caused to be instituted any proceeding under or related to this chapter;
(4) testified or is about to testify in a proceeding under this chapter; or
(5) exercised any rights afforded under this chapter on behalf of the employee or on behalf of others.
(d) Pay, position, seniority, or other benefits may not be lost as the result of the exercise of any right provided by this chapter.
(e) A waiver by an employee of the benefits or requirements of this chapter is void. An employer's request or requirement that an employee waive any rights under this chapter as a condition of employment is a violation of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Renumbered from Health & Safety Code Sec. 502.013 and amended by Acts 1993, 73rd Leg., ch. 528, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1288, eff. April 2, 2015.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle D - Hazardous Substances
Chapter 502 - Hazard Communication Act
Section 502.002. Findings; Purpose
Section 502.0021. Federal Laws and Regulations
Section 502.004. Applicability of Chapter
Section 502.005. Workplace Chemical List
Section 502.006. Safety Data Sheet
Section 502.008. Outreach Program
Section 502.009. Employee Education Program
Section 502.010. Liability Under Other Law
Section 502.011. Complaints and Investigations
Section 502.012. Reporting Fatalities and Injuries
Section 502.014. Administrative Penalty
Section 502.0141. Administrative Penalty Assessment Procedure
Section 502.0142. Payment of Administrative Penalty; Judicial Review
Section 502.015. Civil Penalty; Injunction
Section 502.016. Criminal Penalty
Section 502.017. Employee Notice; Rights of Employees