CHAPTER 411. WORKERS' HEALTH AND SAFETY
LABOR CODE
TITLE 5. WORKERS' COMPENSATION
SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT
CHAPTER 411. WORKERS' HEALTH AND SAFETY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 411.001. DEFINITIONS. In this chapter:
(1) Repealed by Acts 2005, 79th Leg., Ch. 265, Sec. 7.01(23),
eff. September 1, 2005.
(2) "Employer" means a person who makes a contract of hire.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 7.01(23), eff. September 1, 2005.
Sec. 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(c) Repealed by Acts 1995, 74th Leg., ch. 76, Sec. 9.54(b), eff.
Sept. 1, 1995.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.54(b), eff. Sept.
1, 1995.
Sec. 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 this chapter 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, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1999, 76th Leg., ch. 957, Sec. 1.01, eff. Sept.
1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.2085, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER B. GENERAL POWERS AND DUTIES OF DIVISION
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 411.013. FEDERAL CONTRACTS AND PROGRAMS. 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, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.209, eff. September 1, 2005.
Sec. 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 department, the division, or other state
agencies.
(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, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.2095, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 411.016. PEER REVIEW SAFETY PROGRAM. The division shall
certify safe employers to provide peer review safety programs.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
SUBCHAPTER C. JOB SAFETY INFORMATION SYSTEM
Sec. 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 appropriate state agency,
including the Texas Workforce Commission, the Department of State
Health Services, and the Department of Assistive and
Rehabilitative Services, data and statistics, including data and
statistics compiled for rate-making purposes.
(c) The division shall consult with the Texas Workforce
Commission in the design of data information and retrieval
systems to accomplish the mutual purposes of the division and the
Texas Workforce Commission.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.210, eff. September 1, 2005.
Sec. 411.032. EMPLOYER INJURY AND OCCUPATIONAL DISEASE REPORT;
ADMINISTRATIVE VIOLATION. (a) An employer shall file with the
division 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 commissioner 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 division as required under
Subsection (a) unless good cause exists, as determined by the
commissioner, for the failure.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.32, eff. Sept.
1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.211, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 980, Sec. 1.33, eff. Sept.
1, 1995.
Sec. 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 division 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, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.212, eff. September 1, 2005.
SUBCHAPTER E. ACCIDENT PREVENTION SERVICES
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 2001, 77th Leg., ch. 172, Sec. 4, eff. Sept. 1,
2001.
Sec. 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) Repealed by Acts 2005, 79th Leg., Ch. 265, Sec. 7.01(26),
eff. September 1, 2005.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 7.01(26), eff. September 1, 2005.
Sec. 411.064. INSPECTIONS. (a) The division may conduct
inspections 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 division for the
reasonable cost of the reinspection, including a reasonable
allocation of the division's administrative costs incurred in
conducting the inspections.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by Acts 1999, 76th Leg., ch. 957, Sec. 3.01, eff. Sept.
1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.213, eff. September 1, 2005.
Sec. 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 of site inspections performed;
(3) accident prevention services for which the insurance company
contracts;
(4) a breakdown of the premium size of the risks to which
services were provided;
(5) evidence of the effectiveness of and accomplishments in
accident prevention; and
(6) any additional information required by the commissioner.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.214, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 411.067. DIVISION PERSONNEL. (a) The division 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) Repealed by Acts 2005, 79th Leg., Ch. 265, Sec. 7.01(27),
eff. September 1, 2005.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.215, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
265, Sec. 3.216, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
265, Sec. 7.01(27), eff. September 1, 2005.
Sec. 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 an administrative
violation.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.217, eff. September 1, 2005.
SUBCHAPTER F. EMPLOYEE REPORTS OF SAFETY VIOLATIONS; EDUCATIONAL
MATERIALS
Sec. 411.081. TELEPHONE HOTLINE. (a) The division shall
maintain a 24-hour toll-free telephone service in English and
Spanish 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 commissioner. The commissioner shall,
by rule, require the notice to be posted in English and Spanish,
as appropriate.
(c) The commissioner shall adopt rules requiring that the notice
required by Subsection (b) be posted:
(1) in a conspicuous place in the employer's place of business;
and
(2) in sufficient locations to be convenient to all employees.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.219, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 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, Sec. 1, eff. Sept. 1, 1993.
Sec. 411.084. EDUCATIONAL PUBLICATIONS. (a) The division shall
provide to employers and employees educational material,
including books, pamphlets, brochures, films, videotapes, or
other informational material.
(b) Educational material shall be provided to employees in
English and Spanish.
(c) The department shall adopt minimum content requirements for
the educational material required under this section, including:
(1) information on an employee's right to report an unsafe
working environment;
(2) instructions on how to report unsafe working conditions and
safety violations; and
(3) information on state laws regarding retaliation by
employers.
Added by Acts 2005, 79th Leg., Ch.
265, Sec. 3.220, eff. September 1, 2005.
SUBCHAPTER H. GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL
HEALTH AND SAFETY
Sec. 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, Sec. 9.54(a), eff. Sept.
1, 1995.
Sec. 411.102. DEFINITIONS. In this subchapter:
(1) Repealed by Acts 2005, 79th Leg., Ch. 265, Sec. 7.01(28),
eff. September 1, 2005.
(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, Sec. 9.54(a), eff. Sept.
1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 7.01(28), eff. September 1, 2005.
Sec. 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, Sec. 9.54(a), eff. Sept.
1, 1995.
Sec. 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, Sec. 9.54(a), eff. Sept.
1, 1995.
Sec. 411.105. CONFIDENTIAL INFORMATION; PENALTY. (a) The
division and its employees may not disclose at a public hearing
or otherwise information relating to secret processes, methods of
manufacture, or products.
(b) The commissioner or an employee of the division commits an
offense if the commissioner 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 commissioner or as an employee of the
division.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.54(a), eff. Sept.
1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.221, eff. September 1, 2005.
Sec. 411.106. SAFETY CLASSIFICATION. (a) To establish a safety
classification for employers, the division shall:
(1) obtain medical and compensation cost information regularly
compiled by the department in performing 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
division shall classify employers as appropriate to implement
this subchapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.54(a), eff. Sept.
1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.222, eff. September 1, 2005.
Sec. 411.107. ELIMINATION OF SAFETY IMPEDIMENTS. The division
may endeavor to eliminate an impediment to occupational or
industrial safety that is reported to the division by an affected
employer. In attempting to eliminate an impediment the division
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, Sec. 9.54(a), eff. Sept.
1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.223, eff. September 1, 2005.
Sec. 411.108. ACCIDENT REPORTS. The division 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 commissioner.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.54(a), eff. Sept.
1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch.
265, Sec. 3.224, eff. September 1, 2005.
Sec. 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, Sec. 9.54(a), eff. Sept.
1, 1995.
Sec. 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, Sec. 9.54(a), eff. Sept.
1, 1995.