CHAPTER 84. REPORTING OF OCCUPATIONAL CONDITIONS - Texas Statutes

HEALTH AND SAFETY CODE

TITLE 2. HEALTH

SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES

CHAPTER 84. REPORTING OF OCCUPATIONAL CONDITIONS

Sec. 84.001. SHORT TITLE. This chapter may be cited as the

Occupational Condition Reporting Act.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 245, Sec. 2, eff. May 23,

1997.

Sec. 84.002. DEFINITIONS. In this chapter:

(1) "Health professional" means an individual whose:

(A) vocation or profession is directly or indirectly related to

the maintenance of health in another individual; and

(B) duties require a specified amount of formal education and

may require a special examination, a certificate or license, or

membership in a regional or national association.

(2) "Occupational condition " means a disease, abnormal health

condition, or laboratory finding that is caused by or is related

to exposures in the workplace.

(3) "Reportable condition " means a disease, condition, or

laboratory finding required to be reported under this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 245, Sec. 2, eff. May 23,

1997.

Sec. 84.003. REPORTABLE CONDITIONS; RULES. (a) Asbestosis and

silicosis are occupational conditions that are reportable to the

department.

(b) Blood lead levels in adults are laboratory findings that are

reportable to the department as provided by board rule.

(c) The board may adopt rules that require other occupational

conditions to be reported under this chapter. Before the board

requires another occupational condition to be reported, the board

must find that the condition:

(1) has a well-understood etiology;

(2) results predominantly from occupational exposures; and

(3) is preventable.

(d) The board shall maintain a list of reportable conditions.

(e) The board shall adopt rules necessary to administer and

implement this chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 245, Sec. 2, eff. May 23,

1997.

Sec. 84.004. REPORTING REQUIREMENTS. (a) The following persons

shall report cases or suspected cases of reportable conditions to

the department:

(1) a physician who diagnoses or treats the individual with the

condition;

(2) a person who is in charge of a clinical or hospital

laboratory, blood bank, mobile unit, or other facility in which a

laboratory examination of any specimen derived from a human body

yields microscopical, cultural, serological, or other evidence

suggestive of the condition; and

(3) a health professional.

(b) The department may contact a physician attending a person

with a case or a suspected case of an occupational condition.

(c) The board shall prescribe the form and method of reporting.

The board may require the reports to contain any information

necessary to achieve the purposes of this chapter, including the

person's name, address, age, sex, race, occupation, employer, and

attending physician.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 245, Sec. 3, eff. May 23,

1997.

Sec. 84.005. POWERS AND DUTIES OF DEPARTMENT. (a) The

department may enter into contracts or agreements as necessary to

implement this chapter. The contracts or agreements may provide

for payment by the state for materials, equipment, and services.

(b) The department may seek, receive, and spend any funds

received through appropriations, grants, or donations from public

or private sources for the purpose of identifying, reporting, or

preventing those occupational conditions that have been

determined by the board to be injurious or to be a threat to the

public health, subject to any limitations or conditions

prescribed by the legislature.

(c) Subject to the confidentiality requirements of this chapter,

the department shall evaluate the reports of occupational

conditions to establish the nature and magnitude of the hazards

associated with those conditions, to prevent the occurrence of

those hazards, and to establish any trends involved.

(d) The department may make inspections and investigations as

authorized by this chapter and other law.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 245, Sec. 4, eff. May 23,

1997.

Sec. 84.006. CONFIDENTIALITY. (a) All information and records

relating to reportable conditions are confidential. That

information may not be released or made public on subpoena or

otherwise, except that release of information may be made:

(1) for statistical purposes, but only if a person is not

identified;

(2) with the consent of each person identified in the

information released; or

(3) to medical personnel in a medical emergency to the extent

necessary to protect the health or life of the named person.

(b) The board shall adopt rules establishing procedures to

ensure that all information and records maintained by the

department under this chapter are kept confidential and protected

from release to unauthorized persons.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 245, Sec. 5, eff. May 23,

1997.

Sec. 84.007. INVESTIGATIONS. (a) The department shall

investigate the causes of occupational conditions and methods of

prevention.

(b) In performing the commissioner's duty to prevent an

occupational condition, the commissioner or the commissioner's

designee may enter at reasonable times and inspect within

reasonable limits all or any part of an area, structure, or

conveyance, regardless of ownership, that is not used for private

residential purposes.

(c) Persons authorized to conduct investigations under this

section may take samples of materials present on the premises,

including samples of soil, water, air, unprocessed or processed

foodstuffs, manufactured items of clothing, and household goods.

If samples are taken, a corresponding sample shall be offered to

the person in control of the premises for independent analysis.

(d) Persons securing the required samples may reimburse or offer

to reimburse the owner for the materials taken, but the

reimbursement may not exceed the actual monetary loss sustained

by the owner.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 245, Sec. 6, eff. May 23,

1997.