80R7034 PB-D

By: Eiland H.B. No. 2763

A BILL TO BE ENTITLED

AN ACT

relating to the creation of a state occupational health and safety plan; establishing a maintenance tax.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 411, Labor Code, is amended by adding Subchapter I to read as follows: SUBCHAPTER I. STATE OCCUPATIONAL HEALTH AND SAFETY PLAN

Sec. 411.151. DEFINITIONS. In this subchapter:

(1) "Employee" means an individual employed by an employer.

(2) "Employer" means a person that employs one or more individuals. The term does not include the state, a political subdivision of the state, or another governmental entity in this state.

Sec. 411.152. STATE PLAN. The commissioner shall develop a state plan relating to state enforcement of occupational health and safety standards. The state plan must comply with federal approval requirements under Section 18, Occupational Health and Safety Act of 1970 (29 U.S.C. Sec. 667). Standards adopted by the commissioner under the state plan may not be more stringent than the standards adopted by the United States Department of Labor.

Sec. 411.153. GENERAL POWERS AND DUTIES OF COMMISSIONER AND DIVISION. (a) The department, through the division, is the state agency generally charged with implementation and enforcement of state laws and administrative rules relating to the protection of the life, health, and safety of persons at their places of employment. The division may obtain information from any appropriate source, including employers, that relates to occupational health and safety issues.

(b) The division may conduct inspections of places of employment at reasonable times as necessary to implement this subchapter.

(c) The division shall:

(1) gather, maintain, and publish statistical information relating to occupational health and safety programs operated by other states in order to obtain data for an ongoing comparative evaluation of the effectiveness of the programs operated in this state;

(2) design and conduct research relating to the prevention of job-related injuries and occupational disease;

(3) publish the results of its research;

(4) consult with employers regarding compliance with state or federal occupational safety laws, rules, or agreements;

(5) develop programs designed to reduce job–related injuries and occupational disease for use by employers, employees, and other interested parties; and

(6) collect information relating to occupational safety as required by state or federal laws, rules, or agreements.

(d) The commissioner may adopt rules and prescribe forms as necessary to implement this subchapter.

(e) The division may charge fees for its publications and for seminars and training programs offered by the division. The commissioner shall set the fees in amounts reasonable and necessary to cover administrative costs.

Sec. 411.154. EMPLOYER CLASSIFICATIONS; CONSULTATIONS. (a) The division shall collect and compile information relating to the job-related accident experience of each employer, including:

(1) the frequency of accidents;

(2) the existence and implementation of private safety programs by the employer;

(3) man-hour losses due to employee injuries; and

(4) other factors considered relevant by the division.

(b) Based on the compiled information, the division shall:

(1) classify employers as necessary and appropriate to assist employers in providing safe and healthful conditions of employment; and

(2) identify hazardous occupations.

(c) On the written request of an employer, the division may consult with and advise the employer or the employer's representative regarding the improvement of the employer's accident frequency rate and the elimination or reduction of impediments to occupational health and safety at the employer's place of business.

Sec. 411.155. TASK FORCE ON CERTAIN HIGH-RISK WORKSITES. (a) The commissioner shall establish within the division a task force to inspect high-risk worksites at facilities primarily engaged in the manufacture or distribution of products or materials:

(1) identified as known or probable carcinogens; or

(2) with known or recognizable flammable or explosive properties.

(b) The task force shall inspect facilities described by Subsection (a) as necessary to determine that the facilities:

(1) comply with process safety standards;

(2) conform to established safety standards in the applicable industry; and

(3) operate within all guidelines, rules, and regulations established by the Texas Commission on Environmental Quality, the Environmental Protection Agency, and any other state or federal agency involved in the monitoring or regulation of environmental standards.

(c) The task force shall oversee monitoring programs established to require facilities described by Subsection (a) to be inspected with proper detection devices for any leaks of materials described by Subsection (a)(1) or (2).

Sec. 411.156. FUNDING; MAINTENANCE TAX. (a) The occupational health and safety plan adopted under this subchapter is funded through the assessment of an annual maintenance tax collected from each stock insurance company, mutual insurance company, reciprocal or interinsurance exchange, and Lloyd's plan that writes workers' compensation insurance in this state. The commissioner of insurance shall set the rate of the maintenance tax in an amount not to exceed one percent of the correctly reported gross workers' compensation insurance premiums of those insurers as reported to the department under Subtitle E, Title 10, Insurance Code. The commissioner of insurance shall set the rate of assessment each year to produce the amount of funds that the commissioner estimates will be necessary to operate the occupational health and safety plan. The tax assessed under this section is in addition to all other taxes imposed on those insurers for workers' compensation purposes and shall be paid to the department at the same time that the insurers pay the maintenance tax imposed under Chapter 255, Insurance Code.

(b) The commissioner of insurance may adopt rules as necessary relating to the assessment and collection of the maintenance tax imposed under Subsection (a).

(c) The department shall remit all funds received under this section to the comptroller for deposit in the state treasury to the credit of the general revenue fund.

Sec. 411.157. DUTIES OF EMPLOYER AND WORKSITE OWNER. (a) Each employer shall furnish and maintain a safe and healthful employee work environment. The employer shall install, maintain, and use those methods, processes, devices, and safeguards as are necessary to protect the life, health, and safety of employees.

(b) Each employer and worksite owner shall report to the division in the manner prescribed by the rules of the commissioner information relating to personal injuries, fatalities, accidents, and other occupational health and safety issues related to the employer's place of business or the worksite, as applicable. The employer and worksite owner shall report on forms prescribed by and covering time periods designated by the commissioner.

SECTION 2. Section 502.003, Health and Safety Code, is amended by adding Subdivision (4-a) and by amending Subdivision (8) to read as follows:

(4-a) "Commissioner" means the commissioner of workers' compensation.

(8) "Division" means the division of workers' compensation of the Texas Department of Insurance ["Director" means the director of the Texas Department of Health].

SECTION 3. Chapter 502, Health and Safety Code, is amended by adding Section 502.0035 to read as follows:

Sec. 502.0035. ADMINISTRATION; REFERENCES. (a) Notwithstanding any other provision of this chapter, this chapter is administered by the commissioner.

(b) A reference in this chapter to the Texas Board of Health, the Texas Department of Health, a successor agency to that board or department, or to the director means the commissioner or the division, or a successor officer or agency to the commissioner or division, as appropriate.

SECTION 4. Section 411.018, Labor Code, is repealed.

SECTION 5. The commissioner of workers' compensation shall adopt rules as necessary to implement Subchapter I, Chapter 411, Labor Code, as added by this Act, not later than January 1, 2008, and shall implement the state occupational health and safety plan not later than September 1, 2008.

SECTION 6. This Act takes effect September 1, 2007.