28 Tex. Admin. Code § 252.201 - State Risk Management Guidelines
(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
(OSHA) standards.
(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 standard; and
(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.
Notes
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