Sec. 125.013. RIGHTS OF AGRICULTURAL LABORERS. (a) Agricultural laborers employed by employers covered by this chapter who may be exposed to chemicals covered by this chapter shall be informed of the exposure and shall have access to the workplace chemical list and MSDSs for those chemicals. Laborers, on request, shall be provided a copy of a specific MSDS. In addition, laborers shall receive training on the hazards of the chemicals and on measures they can take to protect themselves from those hazards and shall be provided with appropriate personal protective equipment as required by this chapter. These rights are guaranteed on January 1, 1988.
(b) An employer covered by this chapter may not discharge, cause to be discharged, otherwise discipline, or in any manner discriminate against an agricultural laborer because the laborer has made an inquiry, filed a complaint, assisted an inspector of the department who may make or is making an inspection under Section 125.016 of this code, instituted or caused to be instituted any proceeding under or related to this chapter, testified or is about to testify in such a proceeding, or exercised any rights afforded under this chapter on behalf of the laborer or on behalf of others. Pay, position, seniority, or other benefits may not be lost as the result of the exercise of any right provided by this chapter.
(c) Any waiver by an agricultural laborer of the benefits or requirements of this chapter is against public policy and is void. Any employer's request or requirement that a laborer waive any rights under this chapter as a condition of employment is a violation of this chapter.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
Notes of Decisions
Neighborhood Centers Inc. v. Doreatha Walker, 544 S.W.3d 744 (Tex. 2018).
· cites it 2× “7 thrice “rejected invitations to create a common-law cause of action for all whistleblowers, noting each time that a general claim would eclipse the Legislature’s decision to enact a number of narrowly-tailored whistleblower statutes instead.”
Austin v. Healthtrust, Inc.-The Hosp. Co., 967 S.W.2d 400 (Tex. 1998).
· cites it 2× “017; see also TEX. AGRIC. CODE § 125.013(b) (prohibiting retaliation against agricultural laborer for reporting a violation of the Agricultural Hazard Communication Act).”
Montgomery Cnty. v. Park, 246 S.W.3d 610 (Tex. 2007).
“, Tex. Agric. Code § 125.013(b) (protecting agricultural laborers from retaliation for reporting violations under the Agricultural Hazard Communication Act); Tex.”
Miksch v. Exxon Corp., 979 S.W.2d 700 (Tex. App. 1998).
· cites it 2× “001 (Vernon 1997) (discharge for serving jury duty); TEX.ELEC.CODE ANN. § 161.007 (Vernon Supp.”
Safeshred, Inc. v. Martinez, 310 S.W.3d 649 (Tex. App. 2010).
· cites it 2× “, Tex. Agric. Code Ann § 125.013(b) ( West 2004 ) (prohibiting employer from retaliating against agricultural laborer for filing complaint regarding chemicals used by its employer).”
John Williams v. State (Tex. App. 2010).
“, Tex. Agric. Code Ann § 125.013(b) (West 2004) (prohibiting employer from retaliating against agricultural laborer for filing complaint regarding 2 chemicals used by its employer).”
— Tex. Agric. Code § 125.013(b) — 8 cases
Neighborhood Centers Inc. v. Doreatha Walker, 544 S.W.3d 744 (Tex. 2018).
“7 thrice “rejected invitations to create a common-law cause of action for all whistleblowers, noting each time that a general claim would eclipse the Legislature’s decision to enact a number of narrowly-tailored whistleblower statutes instead.”
Austin v. Healthtrust, Inc.-The Hosp. Co., 967 S.W.2d 400 (Tex. 1998).
“017; see also TEX. AGRIC. CODE § 125.013(b) (prohibiting retaliation against agricultural laborer for reporting a violation of the Agricultural Hazard Communication Act).”
Montgomery Cnty. v. Park, 246 S.W.3d 610 (Tex. 2007).
“, Tex. Agric. Code § 125.013(b) (protecting agricultural laborers from retaliation for reporting violations under the Agricultural Hazard Communication Act); Tex.”
Miksch v. Exxon Corp., 979 S.W.2d 700 (Tex. App. 1998).
“001 (Vernon 1997) (discharge for serving jury duty); TEX.ELEC.CODE ANN. § 161.007 (Vernon Supp.”
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