Texas does not have a federally approved occupational safety and health regulatory program for the state; therefore, private sector workplaces must comply with federal occupational safety and health standards. The state has adopted the federal requirements for a written chemical hazard communication plan for public (state and local government) sector workplaces.
The state may designate any employer covered under workers’ compensation insurance as extra hazardous and require them to obtain safety consultations, with the intent to formulate an accident prevention plan (APP).
The U.S. Department of Labor/Occupational Safety and Health Administration (OSHA) administers and enforces federal workplace safety and health requirements in private sector workplaces in the state. The Texas Department of State Health Services administers the hazard communication requirements for public sector workplaces. The Texas Department of Insurance, Division of Workers’ Compensation, administers the APP requirements for all employers regulated under workers’ compensation.
TX Insurance Code 2054.507 and TX Administrative Code Tit. 28 Sec. 165.3
An employer insured for workers’ compensation by the Mutual Insurance Company must obtain a safety consultation if the employer has an experience modifier greater than 1.25 and estimated premium of $2,500 or more, or if the employer does not have an experience modifier but has had a loss ratio greater than 0.70 in at least 2 of the 3 most recent policy years for which information is available.
If the safety consultant identifies a hazardous condition or practice in a policyholder’s workplace, the policyholder and the safety consultant must develop an APP that ...