Document o9v59KbOa6g6O4jVwpDj7Y48X

R. E. Joyner, M. D. Corporate Medical Director Corporate Medical Department 713 241-6359 October 7, 1985 Shell Oil Company One Shed Plaza P. O. Box 2463 Houston. Texas 77001 J. R. Davis, M.D. 16030 Vista Del Mar Houston, TX 77083 H. E. Mendell, M.D. 5401 Dashwood - Suite 2-C Bellaire, TX 77401 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. v R. E. Joyner, M.D. 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. A. D. Ditmar - info. Information Svcs. (2) Deer Park B. K. Kern, M.D. ^J. "B .-^Gro s s}1 M. D LAM 018960 DPMC-12583 (REV. 5-78) Shell Oil Company Interoffice Memorandum OCTOBER 3, 1985 RECEIVED OCT 4 1885 CORPORATE MEDJCAl FROM: B. F. AURELIUS, ATTORNEY GENERAL BUSINESS, HEAD OFFICE LEGAL TO: S. R. COWLES, MEDICAL DIRECTOR ` EPIDEMIOLOGY, HEAD OFFICE SUBJECT: TEXAS OCCUPATIONAL DISEASE REPORTING ACT If you have any questions on the above, please just give me a call. UI8527506 LAM 018961 DPMC-12584 'giSaSSiSriaftiwnrffrr-f^^ * *,'.'* ?.' 4 \ * ' Adopted R 111P Q An a9et?cy maY take final action on a rule 30 days after a proposal has been publjshed in the f UlCy 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 requrreslmpi^mentation of the action on shorter notice. " ' " ' .. . i - - -> T ^ I If an agency adopts the rule without any.changes to the proposed text, only the preamble of the noticejaridstate- ment of l<--1 * -- *------ - ---------*- *u-' vsr8-*zi proposal ' V.-vi '' *S .TITLE 25. HEALTH :serVices _ 'Another'commenter suggested that In A commenter asked' whether.reporting J the case of pesticide poisonings, the' v will be retroactive prior'lcT the date of / r'V name of the chemical and Its Environ- .-' adoption of the (uIa.''The^'kgency re- j Part I. Texas Department 6f ..'V.''mental Protection Agency registration Health . -number also should be included in the Ini. tlal report. The agency disagrees as this spends that mandatory reporting will not j be retroactive it - / - -' ' ir-'.c . A commenter asked whether- there will be ) Chapter 99.-Occupational Information will be collected In subse penalties for nonreporting'.'The agency J Diseases .' Reporting quent Investigation of cases as neces responds that the Act doed got provide / sary. ' : ' for penalties. ' *25TAC99.1 A commenter also suggested that re quirements for reporting of occupational The following groups and associations commented on the proposed rules: Texas The Texas Department of Health adopts new 99.1, with changes to the proposed ' text published in the July.26,1965, issue of the Texas Register (10 Texas Register 2399). pesticide poisoning should not be limited Center for Rural Studies, Dow Chemical - to acute poisoning, but also should in Company, Monsanto Chemical Company, clude chronic poisoning cases. The agen- and the Sierra Club. None of the com- cy disagrees, as It Is not possible to menters were against the adoption of the -define medically a chronic condition or' rule; however, the commenters expressed disease which can be causally related to comments about specific parts, raised The new section implements the require occupational exposure to pesticides. questions, and made recommendations. 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. * 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 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. 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. 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)(1H3), a com menter asked whether Investigations will include hypothesis generating epidemio logic studies. The agency responds that investigations wilt be of reported cases. 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 coadopt rules concerning the report-' ing and Control of occupational diseases. ' (b) Definitions. The following words t-' and terms, when used in these sections, shall "' have the following meanings unless the con- * 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- ' ' Concerning subsection (f)(2), a 'com -! text dearly indicates otherwise. menter suggested that the agency pub- . --.(1) Case--A person in whom an . ltsh, on an annual basis, a summary of l occupational disease is diagnosed by a phy- - the data collected through this reporting sidan based upon clinical evaluation, inter- process. The agency agrees and .has pretation of laboratory and/or roentgeno- planned to publish such reports, but does graphic findings, and an appropriate occu not believe that the frequency of report- pational history. ' Ing should be fixed by section. . /', (2) Commissioner--The commis- ' - ' ;; .-, - J 'v A commenter suggested that Information ",^-on the occurrence of cases of occiipa- -."sibner . of health.-;v (3) Department--The Texas De- `:v-.tlonal disease required by the section Is ..partmenc of Health, 1100 West 49th Street, Another commented suggested that : now already available oh the federal level .'Austin.Texas 78756. - -l-.-' -. forms for reports from physicians and . .-. 'through U.S. Department of Labor data ! (4) Local health authority--The laboratory directors should not be pre- . collection ;systems.'.fThe -agency chief administrative officer of a public scribed by the commissioner or his or her ' -'-'disagrees,' as the U.S. Department of La- health district or a local health department, designee. The agency agrees and has. bor data collection of occupational Inju- ";or the physician who is to administer'state .modified subsection (c)(3) accordingly. ; '-.rles and Illnesses Is limited In Its cover- .-.'and local laws relating to public'health. -'age of Texas. .- ", .' (5) Occupational diseases--Those Concerning subsectlon'(d), a commenter suggested that the list of reportable dis eases should be expanded to allow Inves tigation Into the occupations) compo-' nent of diseases. The agency disagrees, as the intent of the section Is to collect . 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- - * - diseases and abnormal health conditions that are caused by or are related to condi- . ,' tions in the workplace. ^ /, ".- -t . (6) . Reportable occupational dis-_./ ease--Any occupational disease or condi- Information for defined occupational dis . municable diseases In Texas, which has tion for which an offidal report is required. . eases and not for hypothesis generation been in satisfactory operation for many See subsection (d) of this sectiqnr'f/f- : : " for diseases with an alleged occupation- . years, without requiring additional Ci.-'.' V) Report of an occupational dis- al etiology. . y .......... resources. -. :ease--The notification to the appropriate . v" LAM 018962 DPMC-12585 .y Is-LV i^authon'ty of the occurrence'of aspcdfic oc- authority receiving'the report shall notify Chapter 205. Product Safety ^'cupational disease in a hurnan^ inciuding all the appropriate local health authority where Labeling of Hazardous Substances ^'information required^by'the'procedures es- , the person or persons reside. The depart "/tablished by the Board o? Health" ment shall assist the local health authority *25 TAC 205.44 ,- `.i> ' . 7 ;.(8) ' Suspected _"cas^A^5?e'`riii ' in providing such notifications if requested. which an occupational disease ts'suspccted, (d) List of reportable occupational The Texas Department of Health adopts ' new 205.44, with changes to the pro but the final diagnosis k. not'yet" made. ' diseases. Occupational diseases reportable posed text published in the July 26,1985, . (c) Reporting requIrementsT"':. 77' -- It is the duty of every"physician by name, address, age, sex, race/ethnicity, method of diagnosis,'and relevant occupa tion^) and employees) of the case, and Issue of the Texas Register (10 TexReg 2400). .. ... holding a license to practice ufthe State of identity of the reporter, are: asbestosis, " The section is required to implement new /i: Texas to report promptly to thiQocal health r silicosis, blood lead levels at or above '40 - Texas Hazardous Substances Act, Texas authority each patient sheprhe shaft exam-' ' . : micrograms lead/100 iiilllleten of blood in ' Civil Statutes, Article 4476-13, 2A, as ; . *5* and who has or_is suspected of having any reportable occupational disSse'T'The'io- cal health authority may authorize' a*staff member to transmit'reports i'cT * " i - , persqns 13 years of age or older; and acute occupa'tional'pesticide poisoning, 7 ; ^ Genera] control measures for re portable occupational diseases.~The com- ' >. ,. ., added by House Bill .1593, 69th Legislature, 1985, requiring the registration of manufacturers and payment of a $150 registration fee by December 1, 1985. .(2) 'Jt is the duty'of ^Yery. person ... r tnission'er or his br'her duly authorized re-". - j ;.The section covers the registration state- d who is in charge pfjTclinickl. or hospital .. laboratory, blood Jiank.jhobfte (init, or ~ other facility in which aTaboratory exami' nation of any sp"ed`meVderiveifj;om ahu- man body yields microscopical, cultural, ; presentative shall, as circumstances may re- _ i " ment, the procedure for filing It, and pro- : quire,'procetti as follows: ^7" '. cedures for denying, suspending, or can (1) investigation shall be made for celing the registration statement, along '. the purpose of verifying the diagnosis, as with the annual payment of a $150 regis- .. certaining the source of the causative agent, tration fee. ' . .- serological, chemical, or other evidence sug- obtaining an occupational and employment One comment was received during the ,*~gestive of a reportable .disease (o report history and discovering unreported cases; public hearing concerning clarification of promptly that information to*the local (2) collection of specimens of the the term "retailer" and the registration of health authority. body tissues, fluids, or discharges and of retailers. The department agrees with the (3) TTie reporting physician or lab oratory director shall make the report in writing. "A local health authority may au- . thorize one or more employees tinder 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. materials directly gr 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 health 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 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 fee. 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. (A) If by mail or courier, the re by authorized personneL The new section is adopted under Texas ports shall be placed in a sealed envelope (2) The department may use infor Civil Statutes, Article'4476-13, 2A, as addressed to the attention of the Bureau of mation obtained from reports or health re Epidemiology, Texas Department of cords for statistical and epidemiological Health, and marked "Confidential Medical Records." studies which may be public information as long as an individual is not identifiable. (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 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. transmission of the reports must provide at least the same degree of protection against Issued In Austin, Texas, on September 20,1985. unauthorized disclosure as those of mail or courier transmission. The commissioner or his or her designee shall, before authorizing TRD-858690 ' . . ..' ,, '. . Robert A Maclean * Deputy Commissioner 7 Professional Services . such transmission, establish guidelines for _ Texas Department of . establishing and conducting such trains-'' ryt-tVrr y.."-,'.i...>;Health mission. ..T1"-.i. ~:'fi [ ' Effective date: October ti, 1985 ' (3) .When a case of occupational Proposal publication data: July 26, 1985 \ disease is repotted to a local health authori- . .. For further Information,"please call ty, and the person diagnosed as having the . T--(512) 458-7207, '-' . ' disease resides outside his or her area of local health jurisdiction, "the local health V .> . !;. :ric 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 CivilStatutes, Article 4476-13, was amended by House BUI 1393, 69th Legislature, 1983. "Die amendment added 2A to the Act, which requires manufacturers of hazardous . substances whose products are distributed in Texas io file a registration statement with the department prior to doing business in 1' the state. Section 2A also establishes a reg'jstration fee of SI50 and requires the Texas Board of Health to adopt rales covering the - .^'rcgistration'statcrnent, the'procedures for , filing iti'and prbeedures for denying,'jiis" pending, or canceling the registration state- "V Adopted Rules September 27, 1985 .10 TexReg 3767 LAM 018963 D P M C -12586