28 Tex. Admin. Code § 165.3 - Formulation and Components of Accident Prevention Plan
(a) Policyholders who have not had an
accident prevention plan developed in the last six months prior to notification
will, within 30 days of the date of the safety consultant's initial report,
develop an accident prevention plan. This plan will be consistent with
established state safety and health codes and with accepted industry practices.
The accident prevention plan shall be developed with the assistance of an
Approved Professional Source as defined in § 164.9 of this title (relating to
Approval of Professional Sources for Safety Consultations), and shall be in the
format prescribed by the commission. The policyholder shall submit the
completed accident prevention plan, developed and signed by the policyholder
and the Approved Professional Source, to the division. The Approved
Professional Source's signature on the accident prevention plan cover sheet
certifies that the accident prevention plan meets the format prescribed by the
commission. The format shall include the following components and specify the
individual responsible for each, by position or title:
(1) a management component with a written
safety policy statement and assignment of responsibilities and
authority;
(2) analysis component
which includes a review of safety program documentation, existing operations,
and injury trends. The analysis will be used to evaluate the effectiveness of
the existing programs and to detect existing or potential trends. The analysis
component will contain a statement as to the interval between the
accomplishment of the analyses;
(3)
a safety program recordkeeping system component;
(4) a safety and health education and
training component with a statement as to the interval between training
sessions;
(5) a safety
audit/inspection component with a statement as to the interval between safety
audits/inspections;
(6) an accident
investigation component to identify the cause factors of injuries, and plan and
record corrective actions; and
(7)
a component to ensure review and revision of the safety program when changes in
operations, equipment, or employee activities are determined or anticipated, to
ensure continued effectiveness of the program requirements. This component also
includes the periodic review and revisions of the safety program including a
statement as to the interval (minimum of annually) between reviews.
(b) Policyholders who have had an
accident prevention plan developed and implemented within the six months prior
to notification as a Rejected Risk Employer and verified and approved by the
Texas Mutual Insurance Company or the Texas Workers' Compensation Commission's
Division of Workers' Health and Safety (the division) will continue
implementation of the plan and obtain an inspection by the division as provided
in §
165.6 of this title (relating to
Follow-up Inspection by the Division).
(c) Reference material for the development of
an accident prevention plan may be obtained from the division.
(d) An implementation time line, not to
exceed three months after the formulation of the plan, shall be developed and
included with the plan.
(e) If the
policyholder disagrees with any or all of the plan, the policyholder shall sign
the accident prevention plan cover sheet and attach a statement containing the
specific reasons for disagreement to the plan and what alternative measures the
policyholder proposes to meet the objectives of the program. The division will
review the areas of disagreement and notify the policyholder and the safety
consultant of the decision on each area of the disagreement.
(f) The policyholder's signature is
understood to exclude those areas of the plan for which a disagreement has been
attached to the plan, pending review by the division or a formal
appeal.
(g) If the division finds
it is practical to do so, the division may direct the policyholder to begin
implementation of any or all parts of the plan that are not subject to the
policyholder's disagreement. The time lines specified in the plan shall remain
in effect for those parts of the plan the policyholder is directed to
implement.
(h) The policyholder
shall be responsible for filing the accident prevention plan that has been
reviewed by the Approved Professional Source and signed as meeting the criteria
in subsection (a) of this section with the division no later than 30 days after
completion of the safety consultation and no later than 90 days after the
policyholder received notification of identification as a Rejected Risk
employer. Delays requested for good cause may be granted by the
division.
Notes
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