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RULE §120.1Employer's Record of Injuries

(a) An employer shall keep a record of all injuries and fatal injuries to employees as reported to an employer, or otherwise made known to an employer. The record shall include:

  (1) the name, address, date of birth, sex, wage, length of service, social security number, and occupation of the employee;

  (2) the reported cause and nature of the injury, the part of the body affected, and a description of any equipment involved;

  (3) the date, time, and location where the injury occurred;

  (4) the name of the employee's immediate supervisor;

  (5) the names of any witnesses (if known);

  (6) the name and address of the treating health care provider, if known; and

  (7) any voluntary benefits paid by the employer under the Texas Workers' Compensation Act (Act), §4.06.

(b) These records shall be open to inspection by the commission, upon at least five working days notice to the employer, at a reasonable time and place.

(c) The employer shall retain a record of an injury until the expiration of five years from the last day of the year in which the injury occurred or the period of time required by Occupational Safety and Health Administration standards and regulations, whichever is greater.

(d) An employer who does not maintain a record, or who refuses to make the record available to the commission, may be assessed an administrative penalty not to exceed $500.

Source Note: The provisions of this §120.1 adopted to be effective January 11, 1991, 16 TexReg 115.

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