In addition to the statutory definitions, the following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Act--The Hazard Communication Act, Texas Civil Statutes, Article 5182b.
2. (2) Appropriate hazard warning--Any words, pictures, symbols, or combination thereof appearing on a label or other appropriate form of warning which convey the health and physical hazards of the chemical(s) in the container(s).
3. (3) Board--The Texas Board of Health.
4. (4) Commissioner--The Texas commissioner of health.
5. (5) Department--The Texas Department of Health.
6. (6) Health hazard--A chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees. The term "health hazard' includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.
7. (7) Identity--Any chemical or common name which is indicated on the material safety data sheet (MSDS) for the chemical. The identity used shall permit cross-references to be made among the required list of hazardous chemicals, the label and the MSDS.
8. (8) Label--Any written, printed, or graphic material displayed on or affixed to containers of hazardous chemicals, which includes a common name referenceable to a material safety data sheet and workplace chemical list.
9. (9) Physical hazard--A chemical for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.
10. (10) Temporary workplace--A stationary workplace that is inhabited less than 20 hours per week and which contains fewer than 25 items on the workplace chemical list. A temporary workplace may be considered to be a work area of the headquarters workplace from which employees are routinely dispatched. Temporary workplaces may include pumping stations, switching stations, electrical substations, utility structures, and the like, provided that the requirements of the Texas Hazard Communications Act, Texas Civil Statutes, Article 5182b, §§6, 7, 9, 10, and 15, are met and employees have ready access to the appropriate workplace chemical lists at the headquarters and the temporary workplace.
11. (11) Work area--A room or defined space in a workplace where hazardous chemicals are produced or used and where employees are present. A temporary workplace may be considered a work area.
12. (12) Workplace--An establishment at one geographical location containing one or more work areas. Normally this would be a building or other structure, but it could be a complex of buildings if the work activities and hazardous chemicals within these buildings are similar.

Source Note:The provisions of this §295.2 adopted to be effective February 28, 1986, 11 TexReg 852; amended to be effective October 16, 1987, 12 TexReg 335.