Document o9B9746Gxd0mLe2bk964mm0v7

SM-32 (REV. 5-78) Shell Oil Company Interoffice Memorandum OCTOBER 17, 1985 FROM: MANAGER, HEALTH & SAFETY, MANUFACTURING & TECHNICAL TO: SUPERINTENDENT, FACILITIES SUPPORT, DEER PARK MFG. COMPLEX SAFETY REPRESENTATIVE, ODESSA REFINERY SUBJECT: TEXAS OCCUPATIONAL DISEASE REPORTING ACT The attached letter from Dr. Joyner to Shell physicians is for your information. It pertains to the recently enacted Texas Occupational Disease Reporting Act and the implementation of regulations which require physicians who diagnose one of the designated occupational diseases to report that finding to local health authorities who in turn report it to the Texas Department of Health. The repenting requjreinent applies to the examining physician or to the medical lab directors if in Texas. Dr. Joyner is requesting physicians to notify Corporate Medical when a report is filed. No direct action on our part would seem to be initially required. However, the Act also enables the Commissioner of Health to proceed with an investigation of the case as described in section (e). This could involve the employer. If an investigation occurs, we recommend that you notify us so that we may jointly review the State's request with Legal and Corporate Medical. Please let me know if you have any questions. JDR:bjd Attachment cc: D. P. Atwood B. F. Aurelius P. M. Bryant G. T. Gol1 R. E. Joyner, M.D. BT8528702 DPMC-09652 Shell Oil Company R. E. Joyner. M. D. Corporate Medical Director Corporate Medical Department 713 241-6359 October 7, 1985 J. R. Davis, M.D. 16030 Vista Del Mar Houston, TX 77083 One Shell Plaza P. O. Bo* 2463 Houston. Texas 77001 H. E. Mendell, M.D. 5401 Dashwood - Suite 2-C Bellaire, TX 77401 HEALTH & SAFETY MANUFACTURING & TECHNICAL GOT 10 1985 CU For: N. A. Tadros, M.D. Kelsey-Seybold Clinic 6624 Fannin Houston, TX 77030 D. L. Greenlees, M.D. 850 Tower Dr. Suite 114 Odessa, TX 79761 Dear Doctors: The attached is forwarded for your information. This new Texas law mandates the reporting of: 1 - Asbestosis 2 - Silicosis 3 - Blood lead levels > 40mcgm/100cc in persons 15 years of age or older. 4 - Acute occupational pesticide poisoning Please advise the Corporate Medical Department should you have occasion to file such reports. Very truly yours, R. E. Joyner, M.D. b Attachment cc: Shell Oil Company - HS&E Head Office C. E. Ross, D.O. S. R. Cowles, M.D. S. A. Bergman, M.D. R. S. Marnoy, M.D. D. E. Miller, M.D. P. F. Deisler, Jr. - info. H. L. Kusnetz - info. Information Svcs. Deer Park B. K. Kern, M.D. J. B. Gross, M.D. (2) LAM 003560 DPMC-09fi!r Adopted . __ _________________ ________ Piilpc An agency may take final action on a rule 30 days after a proposal has been published in the * LI 1O Register. The rule becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the rule without any changes to the proposed text, only the preamble of the notice and state ment of legal authority will be published. If an agency adopts the rule with changes to the proposed text, the proposal will be republished with the changes. TITLE 25. HEALTH . SERVICES Part I. Texas Department of Health Chapter 99. Occupational Diseases Reporting *25 TAC 99.1 The Texas Department of Health adopts new 99.1, with changes to the proposed text published in the July 26,1985, issue of the Texas Register (10 Texas Register 2399). The new section Implements the require ments of House Bill 2091, Article 19, 3, 69th Legislature, 1985, which authorizes the Texas Board of Health to adopt sec tions covering the reporting of occupa tional diseases. The new section covers definitions, re porting requirements, confidentiality of reports, general control measures for re portable occupational diseases, and the list of reportable occupational diseases. In addition to the occupational diseases listed in House Bill 2091,69th Legislature, 1985, this new section also contains the occupational disease of acute occupa tional pesticide poisoning. Concerning subsection (c)(1) and (2), a commenter suggested that reports of oc cupational disease should be required within 10 working days of diagnosis. The agency disagrees as this specific require ment would pose a major reporting bur den on physicians and other reporters. In recognition of the value of timely report ing, the agency has modified subsection (c)(1) and (2) to Include the word "prompt ly." Another commented suggested that forms for reports from physicians and laboratory directors should not be pre scribed by the commissioner or his or her designee. The agency agrees and has modified subsection (c)(3) accordingly. Concerning subsection (d), a commenter suggested that the list of reportable dis eases should be expanded to allow inves tigation Into the occupational compo nent of diseases. The agency disagrees, as the intent of the section Is to collect information for defined occupational dis eases and not for hypothesis generation for diseases with an alleged occupation al etiology. Another commenter suggested that In the case of pesticide poisonings, the name of the chemical and Its Environ mental Protection Agency registration number also should be Included in the ini tial report. The agency disagrees as this information will be collected in subse quent investigation of cases as neces sary. A commenter also suggested that re quirements for reporting of occupational pesticide poisoning should not be limited to acute poisoning, but also should in clude chronic poisoning cases. The agen cy disagrees, as It Is not possible to define medically a chronic condition or disease which can be causally related to occupational exposure to pesticides. Another commenter suggested that al though reporting Is required for four di seases at this time, the agency will ex pand the list to cover endless reporting requirements. The agency disagrees, as additional occupational diseases to be reported must be approved by the Board of Health and must meet the strict cri teria of being occupational, preventable, and having a well known etiology. Concerning subsection .(e)(1M3), a com menter asked whether Investigations will include hypothesis generating epidemio logic studies. The agency responds that Investigations will be of reported cases. Concerning subsection (f)(2), a com menter suggested that the agency pub lish, on an annual basis, a summary of the data collected through this reporting process. The agency agrees and has planned to publish such reports, but does not believe that the frequency of report ing should be fixed by section. A commenter suggested that Information oh the occurrence of cases of occupa tional disease required by the section Is now already available on the federal level through U.S. Department of Labor data collection systems. The agency disagrees, as the U.S. Department of La bor data collection of occupational Inju ries and Illnesses Is limited In Its cover age of Texas. A commenter suggested that there will be fiscal implications. The agency dis agrees, as occupational disease repor ting will become a part of a wellaccepted reporting system for com municable diseases in Texas, which has been in satisfactory operation for many years, without requiring additional resources. A commenter asked whether reporting will be retroactive prior to the date of adoption of the rula The agency re sponds that mandatory reporting will not be retroactive. A commenter asked whether there will be penalties for nonreporting. The agency responds that the Act does not provide for penalties. The following groups and associations commented on the proposed rules: Texas Center for Rural Studies, Dow Chemical Company, Monsanto Chemical Company, and the Sierra Club. None of the com mented were against the adoption of the rule; however, the commented expressed comments about specific parts, raised questions, and made recommendations. The new section is adopted under Texas Civil Statutes, Article 5182c, 3, which au thorizes the'Texas Board of Health to adopt rules covering the reporting of oc cupational diseases. 99./. General Provisions. (a) Purpose. This section implements the Texas Occupational Disease Reporting Act, House Bill 2091, 69th Legislature, 1985, which authorizes the Texas Board of Health to adopt rules concerning the report ing and control of occupational diseases. (b) Definitions. The following words and terms, when used in these sections, shall have the following meanings unless the con text clearly indicates otherwise. (1) Case--A person in whom an occupational disease is diagnosed by a phy sician based upon clinical evaluation, inter pretation of laboratory and/or roentgenographic findings, and an appropriate occu pational history. (2) Commissioner--The commis sioner of health. (3) Department--The Texas De partment of Health, 1100 West 49th Street, Austin, Texas 78756. (4) Local health authority--The chief administrative officer of a public health district or a local health department, or the physician who is to administer state and local laws relating to public health. (5) Occupational diseases--Those diseases and abnormal health condi)ions that are caused by or are related to condi tions in the workplace. (6) Reportable occupational dis ease--Any occupational disease or condi tion for which an official report is required. See subsection (d) of this section. (7) Report of an occupational dis ease--The notification to the appropriate 10 TexReg 3766 September 27, 1985 Texas Register -V LAM 003561 DPMC-09654 authority of the occurrence of a specific oc cupational disease in a human, including all information required by the procedures es tablished by the Board of Health. (8) Suspected case--A case in which an occupational disease is suspected, but the final diagnosis is not yet made, (c) Reporting requirements. 0) It is the duty of every physician holding a license to practice in the State of Texas to report promptly to the local health authority each patient she or he shall exam ine and who has or is suspected of having any reportable occupational disease. The lo cal health authority may authorize a staff member to transmit reports. (2) It is the duty of every person who is in charge of a clinical or hospital laboratory, blood bank, mobile unit, or other facility in which a laboratory exami nation of any specimen derived from a hu man body yields microscopical, cultural, serological, chemical, or other evidence sug gestive of a reportable disease to report promptly that informatidn to the local health authority. (3) The reporting physician or lab oratory director shall make the report in writing. A local health authority may au thorize one or more employees under his or her supervision to receive the report from the physician or laboratory director by tele phone; use of this alternative, if authorized, is at the option of the reporter. The local health authority shall implement a method for verifying the identity of the telephone caller when that person is unfamiliar to the employee. (4) The local health authority shall collect the reports and transmit the informa tion at weekly intervals to the Bureau of Ep idemiology, Texas Department of Health. Transmission may be made by mail, couri er, or electronic transfer. (A) If by mail or courier, the re ports shall be placed in a sealed envelope addressed to the attention of the Bureau of Epidemiology, Texas Department of Health, and marked "Confidential Medical Records." (B) If by electronic transmission, including facsimile transmission by tele phone, it shall be in a manner and form authorized by the commissioner or his or her designee in each instance. Any electronic transmission of the reports must provide at least the same degree of protection against unauthorized disclosure as those of mail or courier transmission. The commissioner or his or her designee shall, before authorizing such transmission, establish guidelines for establishing and conducting such trans mission. (5) When a case of occupational disease is reported to a local health authori ty, and the person diagnosed as having the disease resides outside his or her area of local health jurisdiction, the local health authority receiving the report shall notify the appropriate local health authority where the person or persons reside. The depart ment shall assist the local health authority in providing such notifications if requested. _(d) List of reportable occupational diseases. Occupational diseases reportable by name, address, age, sex, race/ethnicity, method of diagnosis, and relevant occupa tion^) and employer(s) of the case, and identity of the reporter, are: asbestosis, silicosis, blood lead levels at or above 40 micrograms lead/100 millileters of blood in persons 13 years of age or older, and acute occupational pesticide poisoning. (e) General control measures for re portable occupational diseases. The com missioner or his or her duly authorized re presentative shall, as circumstances may re quire, proceed as follows: (1) investigation shall be made for the purpose of verifying the diagnosis, as certaining the source of the causative agent, obtaining an occupational and employment history and discovering unreported cases; (2) collection of specimens Of the body tissues, fluids, or discharges and of materials directly or indirectly associated with the case, as may be necessary in confir mation of the diagnosis, and their submis sion to a laboratory for examination; (3) obtaining samples of air or ma terials from the current or former business or place of employment of a case, as may be necessary to ascertain if a public health hazard exists. If a hazard is found the com missioner or his/her designee shall make ap propriate recommendations concerning the hazard. (0 Confidential nature of case re porting. (1) All case reports received by the local heahh authority or the Texas Depart ment of Health are confidential records and not public records. These records will be held in a secure location and accessed only by authorized personnel. (2) The department may use infor mation obtained from reports or health re cords for statistical and epidemiological studies which may be public information as long as an individual is not identifiable. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued In Austin, Texas, on September 20,1985. TRD-858690 Robert A. Maclean Deputy Commissioner Professional Services Texas Department ol Health Effective date: October 11, 1985 Proposal publication date: July 26, 1985 For further Information, please call (512) 458-7207. Chapter 205. Product Safety Labeling of Hazardous Substances *25 TAC 205.44 The Texas Department of Health adopts new 205.44, with changes to Ihe pro posed text published in the July 26,1985, issue of the Texas Register (10 TexReg 2400). The section Is required to implement new Texas Hazardous Substances Act, Texas Civil Statutes, Article 4476-13, 2A, as added by House Bill 1593, 69th Legisla ture, 1985, requiring the registration of manufacturers and payment of a $150 registration fee by December 1, 1985. The section covers the registration state ment, the procedure for filing It, and pro cedures for denying, suspending, or can celing the registration statement, along with the annual payment of a $150 regis tration fee. One comment was received during the public hearing concerning clarification of the term "retailer" and the registration of retailers. The department agrees with the validity of the comment and has added a separate definition of retailer In subsec tion (b) to help eliminate any confusion as to the meaning found within the defini tion of manufacturer as adopted by the 69th Legislature, 1985. Subsection (f)(3) Is also amended by adding "however, a re tailer must register only one location," to help clarify the fact that each Individual retail location does not require a separate registration statement or payment of a separate $150 registration fea - No written comments were received dur ing the 30-day comment period. Only one comment was received during the public hearing. The comment was from the Tex as Retailers Association, was aimed at clarification of a definition, and was not made against the rules. The new section Is adopted under Texas Civil Statutes, Article 4476-13, 2A, as added by House Bill 1593, 69th Legisla ture, 1985, which establish the $150 reg istration fee and which requires the Texas Board of Health to adopt a rule to Imple ment 2A. 205.44. Registration Fee for Manufac turers of Hazardous Substances. (a) Purpose and scope. The Texas Hazardous Substances Act, Texas Civil Statutes, Article 4476-13, was amended by House Bill 1593, 69th Legislature, 1985. The amendment added 2A to the Act, which requires manufacturers of hazardous substances whose products are distributed in Texas to file a registration statement with the department prior to doing business in the state. Section 2A also establishes a reg istration fee of $150 and requires the Texas Board of Health to adopt rules covering the registration statement, the procedures for filing it, and procedures for denying, sus pending, or canceling the registration state- Adopted Rules September 27, 1985 10 TexReg 5767 LAM 003562 DPMC-0965 mem. This section is intended to accomplish the statutory purpose. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. In addi tion, the definitions used in 205.42 of this title (relating to Definitions) apply to this section. (1) Distribute. (A) dissemination of a hazard ous substance to the general public under one's own brand (private label); or (B) dissemination of a hazard ous substance as a wholly owned subsidiary of the business or establishment which man ufactured or packaged the product. (2) Hazardous substance. (A) The term "hazardous sub stance" applies to the following: (i) any'substance or mixture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or geherates pressure through decomposi tion, heat, or other means,' if the substance or mixture of substances may cause substan tial personal injury or substantial illness during or as a proximate result of any cus tomary or reasonable foreseeable handling or use, including reasonably foreseeable in gestion by children; (ii) any toy or other article other than clothing intended for use by chil dren which presents an electrical, mechani cal, or thermal hazard; or (7/7) any radioactive substance if, with respect to the substance as used in a particular class of article or as packaged, the department finds by rule that the sub stance is sufficiently hazardous to require labeling in accordance with the provisions of Texas Civil Statutes, Article 4476-13, in order to protect the public health. (B) The term "hazardous sub stance" does not apply to economic pesti cides subject to the State or Federal Insecti cide, Fungicide, and Rodenticide Act, or to foods, drugs, and cosmetics subject to the Federal Food, Drug, and Cosmetic Act, or to beverages complying with or subject to the Federal Alcohol Administration Act or the Texas Food, Drug, and Cosmetic Act, or to substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a private residence, or to any source materi al, special nuclear material, or by-product material as defined in the Federal Atomic Energy Act of 1954, as amended, and regu lations issued pursuant thereto by the Atomic Energy Commission. (3) Manufacturer--Any person who manufactures, repacks, or distributes a hazardous substance. The term does not include a retailer who distributes a hazard ous substance to the general public, except that a retailer who distributes a hazardous substance made to its specifications is con sidered to be a manufacturer. (4) Retailer--The parent corpora tion, proprietorship, or partnership operat ing a chain of stores; or if there is only one location, the term shall refer to that loca tion. (c) ' Basic requirement. A manufac turer whose products are distributed in the State of Texas may not manufacture or dis tribute a hazardous substance in the state unless the manufacturer has filed with the department a registration statement accom panied by a $150 registration fee in accor dance with this section. (d) Annual refiling. After the initial filing, the manufacturer shall refile each year by filing the registration statement ac companied by a $150 registration fee in ac cordance with this section prior to Septem ber 1 of each calendar year. (e) Registration statement. (1) A manufacturer's registration statement shall be signed and verified, shall be made on a registration form furnished by the department, and shall contain the following information: (A) the name under which the manufacturing, repacking, or distributing is conducted; (B) the address of each place of business or establishment being registered; if the manufacturer operates more than one place of business or establishment, and pro ducts manufactured at each establishment are distributed in Texas, the manufacturer shall include each place of business or es tablishment on the registration statement. A separate fee of $150 is required for each place of business or establishment; (C) if the business is a sole pro prietorship, the name of the proprietor shall be included; (D) if the business is a partner ship, the names of the partners shall be in cluded. (E) if the business is a corpora tion, the names of the officers and direc tors shall be included; (F) if the business is of any other kind than the ones described in subpara graphs (CHE) of this paragraph, the names of those persons in a managerial position shall be included. (2) Registration forms may be ob tained from the Product Safety Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. (f) Registration fees. (1) Each initial registration state ment and each annual refiling of the regis tration shall be accompanied by a $150 fee. ' (2) The fee shall be by money ord er, certified check, or personal check and shall be made payable to the Texas Depart ment of Health. Cash payment is not ac ceptable. (3) For manufacturers operating more than one facility, each facility from which products are distributed in Texas must pay the $150 registration fee. How ever, a retailer must register only one loca tion. (g) Special provisions. Manufacturers of hazardous substances, whose products are distributed for sale in Texas and whose products might normally be banned, but who meet specific exemption criteria en abling their products to be sold in Texas shall file registration statements accom panied by a registration fee of $150 in ac cordance with this section. Some examples are: (1) toy electric trains with special labeling, exempting the products from the ban on toys presenting an electrical hazard; and (2) toy caps which are exempt from the classification as a baned hazardous substance by special labeling and peak sound pressure levels. (h) Refusal to accept, cancellation, revocation, or suspension of a registration statement. (1) The department may, after no tice and opportunity for a hearing, refuse to accept, or cancel, revoke, or suspend a manufacturer's registration if the manufac turer fails to make payment of the $150 fee required in this section. (2) The hearing described in para graph (1) of this subsection shall be con ducted in accordance with Texas Civil Stat utes, Article 6252-I3a, and 1.21-1.32 of this title (relating to Formal Hearing Proce dures). This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued In Austin, Texas, on September 20,1985.' TRD-858691 Robert A. MacLean Deputy Commissioner Prolessional Services Texas Department ol Health Eftectlve date: October 11, 1985 Proposal publication date: July 26, 1985 For further Information, please call (512) 458-7519. Chapter 217. Milk and Dairy Fees *25 TAC 217.82 The Texas Department of Health adopts new 217.82, without changes to the pro posed text published In the July 30,1985, Issue of the Texas Register (10 TexReg 2474). The new section provides for the uniform collection of frozen dessert permit and Inspectional fees as mandated by House Bill 1593, 49, 69th Legislature, 1985. The new section covers definitions; the issuance, renewal, and revocation of per mits; permit and Inspectional fees; and heafing procedures. 10 TexReg 3768 September 27, 1985 Texas Register M LAM 003563 PFMC-09656 No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 4476-2a, 5, which provide the Texas Department o( Health with the authority to adopt rules concern ing frozen desserts, and 8, as amended by House Bill 1593, 49, 69th Legislature, 1985, which provide the department with the authority to set fees concerning fro zen desserts. This agency hereby qertlfies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued In Austin, Texas, on September 20,1985. TRD 858692 Robert A. MacLean Deputy Commissioner Professional Services Texas Department of Health Effective date: October 11, 1985 Proposal publication date: July 30, 1985 For further Information, please call (512) 458-7281. % LAM 003564 M Adopted Rules September 27, 1985 10 TexReg 3769 PPMC-096S