| (a) An employer that does not have workers' compensation
insurance coverage (non-subscriber) and employs five or more employees
not exempt from workers' compensation insurance coverage shall file
with the division a report of each:
(1) death;
(2) on-the-job injury that results in more than one
day's absence from work for the injured employee; and
(3) occupational disease of which the employer has
knowledge.
(b) An employer shall file a report required by subsection
(a) of this section with the division not later than the seventh day
of the month following the month in which:
(1) the death occurred;
(2) the employee was absent from work for more than
one day as a result of the on-the-job injury; or
(3) the employer acquired knowledge of the occupational
disease.
(c) A report shall be filed in writing or electronically
and shall be in the form and manner prescribed by the division. A
report must include:
(1) the employer's business name;
(2) the employer's North American Industry Classification
System (NAICS) codes;
(3) the employer's business mailing address;
(4) the employer's physical address (if different from
mailing address);
(5) the employer's telephone number;
(6) the employer's federal employer identification
number (FEIN);
(7) the name, title, telephone number, signature, and
date of signature of the person completing the report for the employer;
(8) the reporting period;
(9) the injured employee's name;
(10) the employee's social security number;
(11) the employee's date of birth;
(12) the employee's date of hire;
(13) the employee's sex;
(14) the employee's occupation;
(15) the employee's hourly wage;
(16) the employee's NAICS code;
(17) the employee's race/ethnic identification;
(18) the address where injury or occupational disease
occurred;
(19) the type of location of where injury or occupational
disease occurred;
(20) the date of injury or occupational disease;
(21) the date reported by employee;
(22) the return-to-work date or expected date;
(23) the reported cause of injury;
(24) the nature of injury or occupational disease;
(25) any equipment involved in the injury;
(26) body part(s) affected;
(27) the first day of absence from work;
(28) the number of days absent from work;
(29) whether the injury is an occupational disease;
(30) whether the injury resulted in death; and
(31) a description of incident.
(d) Employers are responsible for timely and accurate
filing of reports under this section. A report required by this section
is considered filed with the division only when it accurately contains
all of the data elements specified under subsection (c) of this section
and is received by the division.
(e) This section is effective January 1, 2013.
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| Source Note: The provisions of this §160.2 adopted to be effective June 1, 1992, 17 TexReg 3252; amended to be effective February 2, 1996, 21 TexReg 515; amended to be effective March 13, 2000, 25 TexReg 2148; amended to be effective January 1, 2013, 37 TexReg 5592 |
