(a) Under Labor Code §§411.061, 411.063,
and 411.068(a)(1), an insurance company writing workers' compensation
insurance in Texas must maintain or provide accident prevention facilities
that are adequate to provide accident prevention services required
by the nature of its policyholders' operations, and must include:
(1) surveys;
(2) recommendations;
(3) training programs;
(4) consultations;
(5) analyses of accident causes;
(6) industrial hygiene;
(7) industrial health services;
(8) qualified accident prevention personnel. To provide
qualified accident prevention personnel and services, an insurance
company may:
(A) employ qualified personnel;
(B) retain qualified independent contractors;
(C) contract with the policyholder to provide personnel
and services; or
(D) use a combination of the methods provided in this
paragraph; and
(9) written records, reports, and evidence of all accident
prevention services provided to each policyholder.
(b) Under Labor Code §411.068(a)(2), an insurance
company must use accident prevention services to prevent injuries
to employees of its policyholders in a reasonable manner, which at
a minimum, include:
(1) Notice of availability of accident prevention services
and return-to-work coordination services. Under Labor Code §411.066,
an insurance company must include a notice on the information page
or on the front of the policy containing text identical to the following
in at least 10-point bold type for each workers' compensation insurance
policy delivered or issued for delivery in Texas: Pursuant to Texas
Labor Code §411.066, (name of company) is required to notify
its policyholders that accident prevention services are available
from (name of company) at no additional charge. These services may
include surveys, recommendations, training programs, consultations,
analyses of accident causes, industrial hygiene, and industrial health
services. (Name of company) is also required to provide return-to-work
coordination services as required by Texas Labor Code §413.021
and to notify you of the availability of the return-to-work reimbursement
program for employers under Texas Labor Code §413.022. If you
would like more information, contact (name of company) at (telephone
number) and (email address) for accident prevention services or (telephone
number) and (email address) for return-to-work coordination services.
For information about these requirements, call the Texas Department
of Insurance, Division of Workers' Compensation (TDI-DWC) at 1-800-687-7080
or for information about the return-to-work reimbursement program
for employers, call the TDI-DWC at (512) 804-5000. If (name of company)
fails to respond to your request for accident prevention services
or return-to-work coordination services, you may file a complaint
with the TDI-DWC in writing at http://www.tdi.texas.gov or by mail
to Texas Department of Insurance, Division of Workers' Compensation,
P.O. Box 12050, HS-WS, Austin, Texas 78711-2050;
(2) Contact and surveys following fatalities. An insurance
company must contact the policyholder within seven working days of
knowledge of a work-related fatality and offer a survey. Survey offers
accepted by the policyholder must be initiated by the insurance company
within 60 days of policyholder acceptance of the survey offer. No
offer of a survey is required if the fatality occurred outside of
Texas or was the result of an accident on a common carrier, unless
the fatality involves an employee of the common carrier during the
course and scope of normal job duties; and
(3) Services requested by a policyholder. An insurance
company must provide to each policyholder accident prevention services
required by the nature of their policyholders' operations within 15
days from the date of a policyholder request for services, if appropriate
services can be provided without conducting a survey; and within 60
days from the date of a policyholder request, if a survey is required
regardless of any provision of this section. Services can be provided
at a later date if circumstances require, and the policyholder agrees
to the later date.
(c) The division may determine adequacy of an insurance
company's accident prevention services in accordance with the requirements
of this chapter and generally accepted tools and guidelines of loss
control provision and through:
(1) review of reports of annual information, as required
by §166.3 of this title; and
(2) inspections, as specified in §166.5 of this
title (relating to Inspections of Adequacy of Accident Prevention
Facilities and Services).
(d) Accident prevention services must be provided to
policyholders at no additional charge.
(e) An insurance company must not solicit or obtain
from its policyholders a prospective waiver declining all accident
prevention services. Under Labor Code §411.063(a)(3), if an insurance
company contracts with a policyholder to provide accident prevention
personnel or services, this contract does not limit in any way the
insurance company's authority or responsibility to comply with any
statutory or regulatory requirement contained in this chapter. Insurance
companies are responsible for maintaining or providing all services,
including contracted services, in accordance with this chapter.
(f) This section is effective July 1, 2024.
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