|(a) Each state agency covered by Texas Labor Code,
Chapter 412, shall develop and implement an agency risk management
program, which shall include a safety and health program and a return-to-work
program. State agency risk management programs shall either:
(1) comply with the risk management guidelines, including
risk control and risk financing, contained in the Texas Enterprise
Risk Management Guidelines published by the State Office of Risk Management
(the Office); or
(2) utilize other appropriate nationally recognized
standards, including Occupational Safety and Health Administration
(b) When a risk exposure is not covered by the guidelines
referenced in subsection (a) of this section, appropriate nationally
recognized standards shall be followed, including the OSHA standards.
(c) A state agency that cannot comply with any applicable
guideline or nationally recognized standard shall, upon request of
the Office at the time of a risk management program review, file a
statement with the Office which:
(1) clearly identifies the factors preventing the agency's
compliance with the appropriate guideline or nationally recognized
(2) states the action the agency will take in lieu
of complying with the guideline or nationally recognized standard.
(d) The Office shall review, verify, monitor, and approve
state agency risk management programs based on compliance with subsections
(a), (b), and (c) of this section.
(e) State agencies covered by Chapter 412 of the Texas
Labor Code that do not comply with subsections (a), (b), and (c) of
this section will be identified as not in compliance with this subchapter
in the biennial report to the Legislature.