| (a) Definitions. The following words and phrases shall
have the following meaning in this section unless the context clearly
indicates otherwise:
(1) Continuing education: A formal training program
required for all ombudsmen in this state.
(2) Ombudsmen education and training program: The training
required by the Office of Injured Employee Counsel (OIEC) to serve
as an ombudsman, which results in certification upon completion.
(b) Purpose. OIEC shall establish and maintain the
ombudsmen education and training program to ensure consistent, quality,
and thorough training of ombudsmen staff. The ombudsmen education
and training program applies to every ombudsman, regardless of hire
date. The ombudsmen education and training program shall include,
but is not limited to:
(1) formal classroom training conducted by OIEC staff;
(2) on-the-job training monitored by a supervising
ombudsman, associate director, and regional staff attorneys;
(3) observations of ombudsmen by supervising ombudsman,
associate director, and regional staff attorneys;
(4) professional skill development and legal education
on workers' compensation laws, rules, advisories, and appeals panel
decisions by the regional attorneys; and
(5) resource meetings with OIEC's central staff to
discuss current and pending issues instrumental to providing assistance
to injured employees in informal and formal proceedings; and
(6) practical skills training and legal assistance
provided by the regional staff attorneys.
(c) OIEC staff's responsibilities regarding education
and training. OIEC staff shall maintain the knowledge and skills needed
to properly assist unrepresented injured employees in the workers'
compensation system.
(1) The Ombudsman Program is the division within OIEC
that is responsible for the overall management of the ombudsmen education
and training program. The Ombudsman Program's responsibilities include,
but are not limited to:
(A) educating ombudsmen about the workers' compensation
laws, rules, advisories, appeals panel decisions, dispute resolution,
OIEC policies and procedures, and application of such information
to specific cases or factual situations;
(B) selecting supervisory staff to observe, supervise,
train, and provide feedback to ombudsmen on a daily basis;
(C) notifying regional staff attorneys if guidance,
instruction, or legal research on technical areas is needed;
(D) establishing on-going training schedules for ombudsmen
and evaluating the performance of ombudsmen's progress through the
education and training program;
(E) maintaining documentation to monitor the effectiveness
of the ombudsman program and coordinating with OIEC's Legal Services
division to develop education and training materials to address systematic
issues to enhance ombudsmen's effectiveness;
(F) examining the proficiency and competency of each
ombudsman by conducting technical observations and identifying areas
for professional improvement;
(G) providing targeted training to individual ombudsman
for professional development and incorporating the technical observations
and evaluations into the performance evaluation process;
(H) providing continuing education and training, at
least annually, to ombudsmen on workers' compensation laws, rules,
advisories, appeals panel decisions, dispute resolution, OIEC policies
and procedures; and
(I) assigning a staff attorney to each ombudsman who
will advise the ombudsman on providing assistance to injured employees
and preparing for informal and formal proceedings.
(2) An ombudsman's responsibilities shall include,
but is not limited to:
(A) completing the ombudsmen education and training
program;
(B) participating in OIEC conferences;
(C) completing all continuing education requirements;
(D) maintaining the technical and professional skills
to perform all the duties of an Ombudsman; and
(E) assisting injured employees throughout the workers'
compensation system.
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| Source Note: The provisions of this §276.10 adopted to be effective August 23, 2006, 31 TexReg 6515; amended to be effective October 28, 2008, 33 TexReg 8788; amended to be effective October 24, 2021, 46 TexReg 7047 |
