HEALTH & SAFETY CODE
CHAPTER 84. REPORTING OF OCCUPATIONAL CONDITIONS
§ 84.001. SHORT TITLE. This chapter may be cited as the
Occupational Condition Reporting Act.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 245, § 2, eff. May 23, 1997.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 245, § 2, eff. May 23, 1997.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 245, § 2, eff. May 23, 1997.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 245, § 3, eff. May 23, 1997.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 245, § 4, eff. May 23, 1997.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 245, § 5, eff. May 23, 1997.
§ 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, § 1, eff. Sept. 1, 1989. Amended
by Acts 1997, 75th Leg., ch. 245, § 6, eff. May 23, 1997.
