Report Exposure: Department of State Health Services, Environmental and Injury Epidemiology and Toxicology Unit, PEST Program

Phone: 512-458-7263
Report Online: http://www.dshs.state.tx.us/epitox/pest.shtm#report

Pesticide Reporting Requirements

Required to Report: Yes
Timeframe to Report Injury or Exposure: 24 Hours
Who is Required to Report?: Physicians, Hospitals, Laboratories, Other 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

Additional Info:

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

WPS Enforcement

Worker Protection Standard Enforcement Agency:

Department of Agriculture: http://texasagriculture.gov/RegulatoryPrograms/Pesticides/WorkerProtection.aspx

Legal Services Referral for Violations:
Coverage for Farm Workers: 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).
Online Forms: Workers' Compensation Index for Forms and Notices
State Workers’ Compensation Website: Texas Department of Insurance