What happens during an inspection?

The Department of State Health Services (DSHS) inspector will meet with facility representatives to:

• Conduct an opening conference to provide an overview of the HazCom requirements under the Texas Health and Safety Code, Chapter 502, and 25 TAC Chapter 295
• Review documents such as a written Hazard Communication Program, safety data sheets (SDSs), workplace chemical list, and employee training records
• Collect copies of records
• Conduct a walk-through inspection of work areas where chemicals are used
• Select employees to be interviewed in private to inquire about their knowledge of training
• Conduct a closing conference to discuss the inspection findings

What happens if an inspector finds a violation?

At the closing conference, the inspector will review steps needed to bring the facility into compliance. The inspector’s report will be submitted to central office for review and endorsement of the findings. DSHS will issue a Notice of Violation (NOV) letter. You will have 15 business days after receipt of the NOV to respond. 

What are my options in responding to an NOV? 

You will have one of three options:

1. Correct the violations within 15 days of receiving the NOV and certify to DSHS that the corrective actions have been taken. 
2. Respond to DSHS by stating that you have reason to believe that the findings were based on inaccurate or incomplete information, and you would like to request an informal conference with DSHS. 
3. Request a formal hearing to present your case as to why the findings were unfounded. 

Questions About Inspections and Enforcement?

Please contact the Hazard Communication Worker Right-to-Know Program at: 

Email: txhazcomhelp@dshs.texas.gov  
Telephone: 512-834-6787 
Fax: 512-834-6726