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Texas - Pesticide Reporting Requirements

Pesticide Reporting Requirements
Region
Texas
Required to Report
Yes
State Office
Department of State Health Services, Environmental and Injury Epidemiology and Toxicology Unit, PEST Program
Phone 1
512-458-7263
Timeframe to Report Injury or Exposure
24 Hours
Reporting Notes

Report pesticide-related illness using the Human Pesticide Exposure Report Form, found here: http://www.dshs.state.tx.us/epitox/pestrptfrm.pdf

Mandated to report
PhysiciansHospitalsLaboratoriesOther health professionals
SENSOR partnership with NIOSH

Pesticide Exposure Surveillance in Texas -PEST (technical support from NIOSH): http://www.dshs.state.tx.us/epitox/pest.shtm

Worker's Compensation
Coverage for Farmworkers
Optional
Limitations
Workers' compensation laws apply to migrant and seasonal workers (under certain conditions) and to other farm workers employed by an employer with a certain minimum gross annual payroll for the preceding year or who employ 3 or more farm workers who are not migrant or seasonal workers. However, the Texas Workers' Compensation Act is an elective law, so employers may chose whether to provide workers' compensation or not. Tex. Lab. Code Ann. § 406.002 (2011).
Statute
Tex. Lab. Code Ann. § 406.162(a) (2011)
Coverage for Undocumented Workers
Yes
Case Law
A "resident or nonresident alien employee or legal beneficiary" is entitled to workers' compensation. Tex. Lab. Code Ann. § 406.092(a). A nonresident alien employee or legal beneficiary may be represented by by a consular officer of the country of which the individual is a citizen. Id. § 406.092(b).
Benefits Available for Undocumented Workers
There is no case law answering this question.
Additional Information
Commercial Standard Fire & Marine Co. v. Galindo, 484 S.W.2d 635 (Tex. Civ. App. 1972) (holding that that an alien whose presence in country was illegal but whose contract of employment did not aid him in his illegal entry was an employee within Workmen's Compensation Act and was not barred from receiving workmen's compensation benefits)

Farm or ranch employees hired through an independent contractor do not have to be provided workers' compensation by the farm employer. Tex. Lab. Code Ann. § 406.165(a) (2009).
WP Enforcement
Worker Protection Standard Enforcement Agency