LABOR CODE
CHAPTER 411. WORKERS' HEALTH AND SAFETY
SUBCHAPTER A. GENERAL PROVISIONS
§ 411.001. DEFINITIONS. In this chapter:
(1) "Division" means the division of workers' health
and safety of the commission.
(2) "Employer" means a person who makes a contract of
hire.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.002. APPLICATION. (a) An employer who obtains
workers' compensation insurance coverage is subject to this
chapter.
(b) An employer is subject to this chapter if the employer:
(1) is not required to and does not obtain workers'
compensation insurance coverage; and
(2) employs five or more employees not exempt from
workers' compensation insurance coverage.
(c) Repealed by Acts 1995, 74th Leg., ch. 76, § 9.54(b),
eff. Sept. 1, 1995.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.54(b), eff. Sept. 1, 1995.
§ 411.003. IMMUNITY FROM CERTAIN LIABILITY. (a) An
insurance company, the agent, servant, or employee of the insurance
company, or a safety consultant who performs a safety consultation
under Subchapter D or E has no liability for an accident, injury, or
occupational disease based on an allegation that the accident,
injury, or occupational disease was caused or could have been
prevented by a program, inspection, or other activity or service
undertaken by the insurance company for the prevention of accidents
in connection with operations of the employer.
(b) The immunity provided by Subsection (a) does not affect
the liability of an insurance carrier for compensation or as
otherwise provided in this subtitle.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1999, 76th Leg., ch. 957, § 1.01, eff. Sept. 1, 1999.
§ 411.004. EXCLUSIVE REMEDY. Except as specifically
provided by Subchapter F, this chapter does not create an
independent cause of action at law or in equity. This chapter
provides the sole remedy for violation of this chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER B. GENERAL POWERS AND DUTIES OF DIVISION
§ 411.011. COORDINATION AND ENFORCEMENT OF STATE LAWS
AND RULES. The division shall coordinate and enforce the
implementation of state laws and rules relating to workers' health
and safety issues.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.012. COLLECTION AND ANALYSIS OF
INFORMATION. (a) The division shall collect and serve as a
repository for statistical information on workers' health and
safety. The division shall analyze and use that information to:
(1) identify and assign priorities to safety needs;
and
(2) better coordinate the safety services provided by
public or private organizations, including insurance carriers.
(b) The division shall coordinate or supervise the
collection by state or federal entities of information relating to
job safety, including information collected for the supplementary
data system and the annual survey of the Bureau of Labor Statistics
of the United States Department of Labor.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.013. FEDERAL CONTRACTS AND PROGRAMS. With the
approval of the commission, the division may:
(1) enter into contracts with the federal government
to perform occupational safety projects; and
(2) apply for federal funds through any federal
program relating to occupational safety.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.014. EDUCATIONAL PROGRAMS; COOPERATION WITH OTHER
ENTITIES. (a) The division shall promote workers' health and
safety through educational and other innovative programs developed
by the division.
(b) The division shall cooperate with other entities in the
development and approval of safety courses, safety plans, and
safety programs.
(c) The division shall cooperate with business and industry
trade associations, labor organizations, and other entities to
develop means and methods of educating employees and employers
concerning workplace safety.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.015. EDUCATIONAL PUBLICATIONS. (a) The division
shall publish or procure and issue educational books, pamphlets,
brochures, films, videotapes, and other informational and
educational material.
(b) Specific educational material shall be directed to
high-risk industries and employments and must specifically address
means and methods of avoiding high frequency, but preventable,
workers' injuries.
(c) Other educational material shall be directed to
business and industry generally and must specifically address means
and methods of avoiding common workers' injuries.
(d) The division shall make specific decisions regarding
the issues and problems to be addressed by the educational
materials after assigning appropriate priorities based on
frequency of injuries, degree of hazard, severity of injuries, and
similar considerations.
(e) The educational materials provided under this section
must include specific references to:
(1) the requirements of state and federal laws and
regulations;
(2) recommendations and practices of business,
industry, and trade associations; and
(3) if needed, recommended work practices based on
recommendations made by the division for the prevention of injury.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.016. PEER REVIEW SAFETY PROGRAM. The division
shall certify safe employers to provide peer review safety
programs.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.017. ADVISORY SERVICE TO INSURANCE CARRIERS. The
division shall advise insurance carrier loss control service
organizations of safety needs and priorities developed by the
division and of:
(1) hazard classifications, specific employers,
industries, occupations, or geographic regions to which loss
control services should be directed; or
(2) the identity and types of injuries or occupational
diseases and means and methods for prevention of those injuries or
diseases to which loss control services should be directed.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.018. FEDERAL OSHA COMPLIANCE. In accordance with
Section 7(c), Occupational Safety and Health Act of 1970 (29 U.S.C.
Section 656), the division shall:
(1) consult with employers regarding compliance with
federal occupational safety laws and rules; and
(2) collect information relating to occupational
safety as required by federal laws, rules, or agreements.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER C. JOB SAFETY INFORMATION SYSTEM
§ 411.031. JOB SAFETY INFORMATION SYSTEM; COOPERATION
WITH OTHER AGENCIES. (a) The division shall maintain a job safety
information system.
(b) The division shall obtain from any state agency,
including the Texas Department of Insurance, the Texas Department
of Health, and the Texas Employment Commission, data and
statistics, including data and statistics compiled for rate-making
purposes.
(c) The division shall consult with the Texas Department of
Insurance and the Texas Employment Commission in the design of data
information and retrieval systems to accomplish the mutual purposes
of those agencies and of the division.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.032. EMPLOYER INJURY AND OCCUPATIONAL DISEASE
REPORT; ADMINISTRATIVE VIOLATION. (a) An employer shall file
with the commission a report of each:
(1) on-the-job injury that results in the employee's
absence from work for more than one day; and
(2) occupational disease of which the employer has
knowledge.
(b) The commission shall adopt rules and prescribe the form
and manner of reports filed under this section.
(c) An employer commits an administrative violation if the
employer fails to report to the commission as required under
Subsection (a) unless good cause exists, as determined by the
commission, for the failure. A violation under this subsection is a
Class D administrative violation.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.32, eff. Sept. 1, 1995.
§ 411.033. JOB SAFETY DATA BASE. The job safety
information system must include a comprehensive data base that
incorporates all pertinent information relating to each injury
reported under Section 411.032, including:
(1) the age, sex, wage level, occupation, and
insurance company payroll classification code of the injured
employee;
(2) the nature, source, and severity of the injury;
(3) the reported cause of the injury;
(4) the part of the body affected;
(5) any equipment involved in the injury;
(6) the number of prior workers' compensation claims
by the employee;
(7) the prior loss history of the employer;
(8) the standard industrial classification code of the
employer;
(9) the classification code of the employer; and
(10) any other information considered useful for
statistical analysis.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.034. CONFIDENTIALITY REQUIREMENT; OFFENSE;
PENALTY. (a) The identity of an employee in a report filed under
Section 411.032 is confidential and may not be disclosed as part of
the job safety information system.
(b) A person commits an offense if the person knowingly,
intentionally, or recklessly publishes, discloses, or distributes
information that is confidential under this section to a person not
authorized to receive the information.
(c) A person commits an offense if the person knowingly,
intentionally, or recklessly receives information that is
confidential under this section and that the person is not
authorized to receive.
(d) An offense under this section is a Class A misdemeanor.
(e) An offense under this section may be prosecuted in a
court in the county where the information was unlawfully received,
published, disclosed, or distributed.
(f) A district court in Travis County has jurisdiction to
enjoin the use, publication, disclosure, or distribution of
confidential information under this section.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.33, eff. Sept. 1, 1995.
§ 411.035. USE OF INJURY REPORT. A report made under
Section 411.032 may not be considered to be an admission by or
evidence against an employer or an insurance carrier in a
proceeding before the commission or a court in which the facts set
out in the report are contradicted by the employer or insurance
carrier.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER D. HAZARDOUS EMPLOYER PROGRAM
§ 411.041. APPLICATION; IDENTIFICATION OF HAZARDOUS
EMPLOYER. (a) This subchapter applies as follows:
(1) nothing in this subchapter applies to a federal
entity or to a state agency, institution, or department described
by Chapter 501, 502, 503, or 505;
(2) Sections 411.043, 411.044, 411.045, 411.046, and
411.047 apply only to an employer that is:
(A) a political subdivision subject to Chapter
504; and
(B) not an employer described by Subdivision (1);
and
(3) Sections 411.0415, 411.042, 411.048, 411.049, and
411.050 apply to all employers, other than an employer described by
Subdivision (1).
(b) The division shall develop a program to identify
hazardous employers. The program must include analysis of injury
frequency.
(c) Except as provided by Section 411.0415, an employer
whose injury frequencies substantially exceed those that may
reasonably be expected in that employer's business or industry is a
hazardous employer.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.34, eff. Sept. 1, 1995;
Acts 1999, 76th Leg., ch. 957, § 2.02, eff. Sept. 1, 1999.
§ 411.0415. EXEMPTION FOR CERTAIN EMPLOYERS;
HEARING. (a) The executive director may exclude from
identification as a hazardous employer an employer who presents
evidence satisfactory to the commission that the injury frequencies
of the employer substantially exceed those that may reasonably be
expected in that employer's business or industry only because of a
fatality that:
(1) occurred because of factors beyond the employer's
control; or
(2) was outside the course and scope of the deceased
individual's employment.
(b) The commission by rule shall analyze and list fatalities
that may not be related to the work environment, including:
(1) heart attacks;
(2) common diseases of life;
(3) homicides;
(4) suicides;
(5) vehicle accidents involving a third party;
(6) common carrier accidents; and
(7) natural events.
(c) If the commission determines that the case history of
the employee's fatality indicates that the employer or the work
environment was a proximate cause of the fatality, the commission
may request a hearing under Section 411.049. If the hearing
establishes that a proximate cause of the fatality was a factor or
factors within the employer's control and was within the course and
scope of the employment, the commission may identify the employer
for the hazardous employer program if that fatality causes the
employer to be designated as a hazardous employer.
Added by Acts 1995, 74th Leg., ch. 980, § 1.35, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 957, § 2.03, eff.
Sept. 1, 1999.
§ 411.042. NOTIFICATION TO HAZARDOUS EMPLOYER AND
INSURANCE CARRIER. (a) The division shall notify each employer
identified as a hazardous employer and the insurance carrier for
that employer that the employer has been identified as a hazardous
employer.
(b) The commission by rule shall require a minimum interval
of at least six months before a subsequent audit to identify an
employer who was previously identified as a hazardous employer.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1999, 76th Leg., ch. 957, § 2.04, eff. Sept. 1, 1999.
§ 411.043. SAFETY CONSULTATION; REPORT; ACCIDENT
PREVENTION PLAN. (a) Not later than the 30th day after the date
an employer receives notice under Section 411.042, the employer
shall obtain a safety consultation from:
(1) the division;
(2) the employer's insurance carrier; or
(3) another professional source approved by the
division for that purpose.
(b) The safety consultant shall file a written report with
the commission and the employer setting out any hazardous
conditions or practices identified by the safety consultation.
(c) The employer and the consultant shall formulate a
specific accident prevention plan that addresses the hazards
identified by the consultant. The division may monitor the
implementation of the accident prevention plan as it considers
necessary.
(d) An employer shall comply with the accident prevention
plan developed under this section.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.044. ACCIDENT INVESTIGATION. The division may
investigate an accident occurring at the worksite of an employer
for whom a plan has been formulated under Section 411.043.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.045. COMPLIANCE CERTIFICATION. (a) Not earlier
than six months or later than nine months after the formulation of
an accident prevention plan under Section 411.043, the division
shall conduct a follow-up inspection of the employer's premises.
The commission may require the participation of the safety
consultant who performed the initial consultation and formulated
the safety plan.
(b) If the division determines that the employer has
complied with the terms of the accident prevention plan or has
implemented other acceptable corrective measures, the division
shall so certify.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.36, eff. Sept. 1, 1995.
§ 411.046. ADMINISTRATIVE VIOLATION. (a) An employer
commits an administrative violation if the employer fails or
refuses to implement an accident prevention plan or other suitable
hazard abatement measures required by this subchapter.
(b) A violation under Subsection (a) is a Class B
administrative violation. Each day of noncompliance constitutes a
separate violation.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.047. ADDITIONAL SAFETY PLAN. (a) If at the time
of the follow-up inspection under Section 411.045 the employer is
exceeding the injury frequencies that may reasonably be expected in
the employer's business or industry, the division shall continue to
monitor the safety conditions at that worksite and may formulate
additional safety plans reasonably designed to abate hazards.
(b) The employer shall comply with the additional plans and
is subject to additional penalties for failure to implement those
plans.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.048. COSTS CHARGED TO EMPLOYER. (a) The
commission shall charge an employer that is a political subdivision
for reimbursement of the reasonable cost of services provided by
the division, including a reasonable allocation of the commission's
administrative costs, in formulating and monitoring the
implementation of a plan under Section 411.043 or 411.047,
investigating an accident under Section 411.044, or in conducting a
follow-up inspection under Section 411.045.
(b) The commission shall charge a private employer for
reimbursement of the reasonable cost of services provided by the
division, including a reasonable allocation of the commission's
administrative costs, in providing safety and health services under
this program at the request of the private employer. This
subsection does not apply to services provided to the employer
under Section 411.018.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1999, 76th Leg., ch. 957, § 2.05, eff. Sept. 1, 1999.
§ 411.049. HEARING. (a) An employer may request a
hearing to contest findings made by the commission under this
subchapter.
(b) The hearing shall be conducted by the State Office of
Administrative Hearings in the manner provided for a contested case
under Chapter 2001, Government Code (the administrative procedure
law) and is subject to judicial review as provided by that chapter.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995;
Acts 1995, 74th Leg., ch. 980, § 1.37, eff. Sept. 1, 1995.
§ 411.050. ADMISSIBILITY OF IDENTIFICATION AS HAZARDOUS
EMPLOYER. The identification of an employer as a hazardous
employer under this subchapter is not admissible in any judicial
proceeding unless:
(1) the commission has determined that the employer is
not in compliance with this subchapter; and
(2) that determination has not been reversed or
superseded at the time of the event giving rise to the judicial
proceeding.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1999, 76th Leg., ch. 957, § 2.06, eff. Sept. 1, 1999.
SUBCHAPTER E. ACCIDENT PREVENTION SERVICES
§ 411.061. ACCIDENT PREVENTION SERVICES; PREREQUISITE
FOR LICENSE. (a) As a prerequisite for writing workers'
compensation insurance in this state, an insurance company must
maintain or provide accident prevention facilities that are
adequate to provide accident prevention services required by the
nature of its policyholders' operations.
(b) To implement a program of accident prevention services,
a facility must include:
(1) surveys;
(2) recommendations;
(3) training programs;
(4) consultations;
(5) analyses of accident causes;
(6) industrial hygiene; and
(7) industrial health services.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 2001, 77th Leg., ch. 172, § 4, eff. Sept. 1, 2001.
§ 411.062. FIELD SAFETY REPRESENTATIVE;
QUALIFICATIONS. (a) The commission by rule shall establish
qualifications for field safety representatives. The rules must
include education and experience requirements for those
representatives.
(b) Each field safety representative must meet the
qualifications established by the commission.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 980, § 1.38, eff. Sept. 1, 1995.
§ 411.063. ACCIDENT PREVENTION PERSONNEL. (a) To
provide qualified accident prevention personnel and services, an
insurance company may:
(1) employ qualified personnel;
(2) retain qualified independent contractors;
(3) contract with the policyholder to provide the
personnel and services; or
(4) use a combination of the methods provided by this
subsection.
(b) A person who provides accident prevention services
under this section must have the qualifications required for a
field safety representative.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.064. INSPECTIONS. (a) The division shall
conduct an inspection at least every two years to determine the
adequacy of the accident prevention services required by Section
411.061 for each insurance company writing workers' compensation
insurance in this state.
(b) If, after an inspection under Subsection (a), an
insurance company's accident prevention services are determined to
be inadequate, the division shall reinspect the accident prevention
services of the insurance company not earlier than the 180th day or
later than the 270th day after the date the accident prevention
services were determined by the division to be inadequate.
(c) The insurance company shall reimburse the commission
for the reasonable cost of the reinspection, including a reasonable
allocation of the commission's administrative costs incurred in
conducting the inspections.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1999, 76th Leg., ch. 957, § 3.01, eff. Sept. 1, 1999.
§ 411.065. ANNUAL INFORMATION SUBMITTED BY INSURANCE
COMPANY. (a) Each insurance company writing workers'
compensation insurance in this state shall submit to the division
at least once a year detailed information on the type of accident
prevention facilities offered to that insurance company's
policyholders.
(b) The information must include:
(1) the amount of money spent by the insurance company
on accident prevention services;
(2) the number and qualifications of field safety
representatives employed by the insurance company;
(3) the number of site inspections performed;
(4) accident prevention services for which the
insurance company contracts;
(5) a breakdown of the premium size of the risks to
which services were provided;
(6) evidence of the effectiveness of and
accomplishments in accident prevention; and
(7) any additional information required by the
commission.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.066. NOTICE TO POLICYHOLDERS. Notice that
accident prevention services are available to the policyholder from
the insurance company must appear in at least 10-point bold type on
the front of each workers' compensation insurance policy delivered
or issued for delivery in this state.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.067. COMMISSION PERSONNEL. (a) The commission
shall employ the personnel necessary to enforce this subchapter,
including at least 10 safety inspectors to perform inspections at a
job site and at an insurance company to determine the adequacy of
the accident prevention services provided by the insurance company.
(b) A safety inspector must have the qualifications
required for a field safety representative by Section 411.062.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.068. ADMINISTRATIVE VIOLATION. (a) An insurance
company commits a violation if the insurance company does not:
(1) maintain or provide the accident prevention
services required by this subchapter; or
(2) use the services in a reasonable manner to prevent
injury to employees of its policyholders.
(b) A violation under Subsection (a) is a Class B
administrative violation. Each day of noncompliance constitutes a
separate violation.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER F. EMPLOYEE REPORTS OF SAFETY VIOLATIONS
§ 411.081. TELEPHONE HOTLINE. (a) The division shall
maintain a 24-hour toll-free telephone service for reports of
violations of occupational health or safety law.
(b) Each employer shall notify its employees of this service
in a manner prescribed by the commission.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.082. EMPLOYER RETALIATION PROHIBITED. An
employer may not suspend or terminate the employment of or
otherwise discriminate against an employee for using the telephone
service to report in good faith an alleged violation of an
occupational health or safety law.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.083. JUDICIAL RELIEF FOR EMPLOYER
RETALIATION. (a) An employee whose employment is terminated or
suspended in violation of Section 411.082 is entitled to:
(1) reinstatement to the employee's former position;
(2) compensation for wages lost during the period of
suspension or termination; and
(3) reinstatement of any fringe benefits or seniority
rights lost because of the suspension or termination.
(b) An employee seeking relief under this section must file
suit not later than the 90th day after the alleged conduct of the
employer occurred or was discovered or discoverable by the employee
through reasonable diligence.
(c) An employee who prevails in a suit under this section is
entitled to recover court costs and reasonable attorney's fees.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER G. POLICY FOR ELIMINATION OF DRUGS IN THE WORKPLACE
§ 411.091. ADOPTION AND DISTRIBUTION OF DRUG ABUSE
POLICY BY EMPLOYER. (a) Each employer with 15 or more employees
who has workers' compensation insurance coverage shall adopt a
policy designed to eliminate drug abuse and its effects in the
workplace.
(b) The employer shall distribute a written copy of the
policy to each employee.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
§ 411.092. ENFORCEMENT; RULES. The commission shall
enforce Section 411.091 and may adopt rules for that purpose.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
SUBCHAPTER H. GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL HEALTH
AND SAFETY
§ 411.101. LEGISLATIVE POLICY; PURPOSE. It is the
policy of this state to protect the health and welfare of its people
and to reduce and, to every reasonable extent, eliminate the causes
of loss of production, reduction of work hours, temporary and
permanent incapacity of workers, and increases in certain insurance
rates by:
(1) promoting the adoption, application, and
implementation of safety measures in industry and enterprise;
(2) protecting workers against unsafe and hazardous
working conditions; and
(3) encouraging correction of any unsafe and hazardous
working conditions in industry and enterprise.
Added by Acts 1995, 74th Leg., ch. 76, § 9.54(a), eff. Sept. 1,
1995.
§ 411.102. DEFINITIONS. In this subchapter:
(1) "Director" means the director of the division.
(2) "Employee" means an individual who works for an
employer for compensation. The term does not include an individual
employed to perform domestic services in a private residence.
(3) "Employer" means a person who has control or
custody of any employment, place of employment, or employee. The
term does not include a carrier, as that term is used in Title 49,
United States Code, that is regulated by the Interstate Commerce
Commission, except that the term includes a railroad.
(4) "Place of employment" means a location, other than
a private residence where domestic service is performed, where:
(A) a trade, industry, or business is temporarily
or permanently conducted; or
(B) an employee is directly or indirectly
employed by another for direct or indirect gain.
(5) "Safe" as applied to employment or places of
employment means freedom from occupational injury for employees to
the extent reasonably permitted by the nature of the employment.
(6) "Safeguard" means any practicable method of
mitigating or preventing occupational injury.
Added by Acts 1995, 74th Leg., ch. 76, § 9.54(a), eff. Sept. 1,
1995.
§ 411.103. DUTY OF EMPLOYER TO PROVIDE SAFE
WORKPLACE. Each employer shall:
(1) provide and maintain employment and a place of
employment that is reasonably safe and healthful for employees;
(2) install, maintain, and use methods, processes,
devices, and safeguards, including methods of sanitation and
hygiene, that are reasonably necessary to protect the life, health,
and safety of the employer's employees; and
(3) take all other actions reasonably necessary to
make the employment and place of employment safe.
Added by Acts 1995, 74th Leg., ch. 76, § 9.54(a), eff. Sept. 1,
1995.
§ 411.104. DIVISION DUTIES. (a) The division shall
administer this subchapter.
(b) In addition to the duties specified in this chapter, the
division shall perform other duties as required by the commission.
Added by Acts 1995, 74th Leg., ch. 76, § 9.54(a), eff. Sept. 1,
1995.
§ 411.105. CONFIDENTIAL INFORMATION;
PENALTY. (a) The commission and its employees may not disclose at
a public hearing or otherwise information relating to secret
processes, methods of manufacture, or products.
(b) A member or employee of the commission commits an
offense if the member or employee wilfully discloses or conspires
to disclose information made confidential under this section. An
offense under this subsection is a misdemeanor punishable by a fine
not to exceed $1,000 and by forfeiture of the person's appointment
as a member or employee of the commission.
Added by Acts 1995, 74th Leg., ch. 76, § 9.54(a), eff. Sept. 1,
1995.
§ 411.106. SAFETY CLASSIFICATION. (a) To establish a
safety classification for employers, the commission shall:
(1) obtain medical and compensation cost information
regularly compiled by the Texas Department of Insurance in
performing that agency's rate-making duties and functions
regarding employer liability and workers' compensation insurance;
and
(2) collect and compile information relating to:
(A) the frequency rate of accidents;
(B) the existence and implementation of private
safety programs;
(C) the number of work-hour losses because of
injuries; and
(D) other facts showing accident experience.
(b) From the information obtained under Subsection (a), the
commission shall classify employers as appropriate to implement
this subchapter.
Added by Acts 1995, 74th Leg., ch. 76, § 9.54(a), eff. Sept. 1,
1995.
§ 411.107. ELIMINATION OF SAFETY IMPEDIMENTS. The
commission may endeavor to eliminate an impediment to occupational
or industrial safety that is reported to the commission by an
affected employer. In attempting to eliminate an impediment the
commission may advise and consult with an employer, or a
representative of an employer, who is directly involved.
Added by Acts 1995, 74th Leg., ch. 76, § 9.54(a), eff. Sept. 1,
1995.
§ 411.108. ACCIDENT REPORTS. The commission may
require an employer and any other appropriate person to report
accidents, personal injuries, fatalities, or other statistics and
information relating to accidents on forms prescribed by and
covering periods designated by the commission.
Added by Acts 1995, 74th Leg., ch. 76, § 9.54(a), eff. Sept. 1,
1995.
§ 411.109. EFFECT ON OTHER LAW. This subchapter and
Chapters 341 and 755, Health and Safety Code, to the extent possible
shall all be given effect.
Added by Acts 1995, 74th Leg., ch. 76, § 9.54(a), eff. Sept. 1,
1995.
§ 411.110. LABOR DISPUTES. (a) It is the intent of the
legislature that this subchapter, or an act performed under this
subchapter, may not be:
(1) used as an issue involved in a labor dispute; or
(2) used or asserted to advantage in collective
bargaining by employers, employees, or their respective
representatives.
(b) Notwithstanding any other provision of this subchapter,
this subchapter does not apply to a place of employment while that
place of employment is subject to picketing or to a strike,
slowdown, or other work stoppage.
Added by Acts 1995, 74th Leg., ch. 76, § 9.54(a), eff. Sept. 1,
1995.
