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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a state occupational health and safety |
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plan; establishing a maintenance tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 411, Labor Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. STATE OCCUPATIONAL HEALTH AND SAFETY PLAN |
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Sec. 411.151. DEFINITIONS. In this subchapter: |
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(1) "Employee" means an individual employed by an |
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employer. |
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(2) "Employer" means a person that employs one or more |
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individuals. The term does not include the state, a political |
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subdivision of the state, or another governmental entity in this |
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state. |
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Sec. 411.152. STATE PLAN. The commissioner shall develop a |
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state plan relating to state enforcement of occupational health and |
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safety standards. The state plan must comply with federal approval |
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requirements under Section 18, Occupational Safety and Health Act |
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of 1970 (29 U.S.C. Section 667). Standards adopted by the |
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commissioner under the state plan may not be more stringent than the |
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standards adopted by the United States Department of Labor. |
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Sec. 411.153. GENERAL POWERS AND DUTIES OF COMMISSIONER AND |
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DIVISION. (a) The department, through the division, is the state |
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agency generally charged with implementation and enforcement of |
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state laws and administrative rules relating to the protection of |
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the life, health, and safety of persons at their places of |
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employment. The division may obtain information from any |
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appropriate source, including employers, that relates to |
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occupational health and safety issues. |
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(b) The division may conduct inspections of places of |
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employment at reasonable times as necessary to implement this |
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subchapter. |
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(c) The division shall: |
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(1) gather, maintain, and publish statistical |
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information relating to occupational health and safety programs |
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operated by other states in order to obtain data for an ongoing |
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comparative evaluation of the effectiveness of the programs |
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operated in this state; |
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(2) design and conduct research relating to the |
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prevention of job-related injuries and occupational disease; |
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(3) publish the results of its research; |
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(4) consult with employers regarding compliance with |
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state or federal occupational safety laws, rules, or agreements; |
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(5) develop programs designed to reduce job-related |
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injuries and occupational disease for use by employers, employees, |
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and other interested parties; and |
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(6) collect information relating to occupational |
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safety as required by state or federal laws, rules, or agreements. |
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(d) The commissioner may adopt rules and prescribe forms as |
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necessary to implement this subchapter. |
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(e) The division may charge fees for its publications and |
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for seminars and training programs offered by the division. The |
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commissioner shall set the fees in amounts reasonable and necessary |
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to cover administrative costs. |
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Sec. 411.154. EMPLOYER CLASSIFICATIONS; CONSULTATIONS. |
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(a) The division shall collect and compile information relating to |
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the job-related accident experience of each employer, including: |
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(1) the frequency of accidents; |
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(2) the existence and implementation of private safety |
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programs by the employer; |
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(3) man-hour losses due to employee injuries; and |
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(4) other factors considered relevant by the division. |
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(b) Based on the compiled information, the division shall: |
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(1) classify employers as necessary and appropriate to |
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assist employers in providing safe and healthful conditions of |
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employment; and |
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(2) identify hazardous occupations. |
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(c) On the written request of an employer, the division may |
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consult with and advise the employer or the employer's |
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representative regarding the improvement of the employer's |
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accident frequency rate and the elimination or reduction of |
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impediments to occupational health and safety at the employer's |
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place of business. |
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Sec. 411.155. TASK FORCE ON CERTAIN HIGH-RISK WORKSITES. |
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(a) The commissioner shall establish within the division a task |
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force to inspect high-risk worksites at facilities primarily |
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engaged in the manufacture or distribution of products or |
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materials: |
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(1) identified as known or probable carcinogens; or |
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(2) with known or recognizable flammable or explosive |
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properties. |
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(b) The task force shall inspect facilities described by |
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Subsection (a) as necessary to determine that the facilities: |
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(1) comply with process safety standards; |
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(2) conform to established safety standards in the |
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applicable industry; and |
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(3) operate within all guidelines, rules, and |
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regulations established by the Texas Commission on Environmental |
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Quality, the United States Environmental Protection Agency, and any |
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other state or federal agency involved in the monitoring or |
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regulation of environmental standards. |
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(c) The task force shall oversee monitoring programs |
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established to require facilities described by Subsection (a) to be |
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inspected with proper detection devices for any leaks of materials |
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described by Subsection (a)(1) or (2). |
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Sec. 411.156. FUNDING; MAINTENANCE TAX. (a) The |
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occupational health and safety plan adopted under this subchapter |
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is funded through the assessment of an annual maintenance tax |
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collected from each stock insurance company, mutual insurance |
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company, reciprocal or interinsurance exchange, and Lloyd's plan |
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that writes workers' compensation insurance in this state. The |
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commissioner of insurance shall set the rate of the maintenance tax |
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in an amount not to exceed one percent of the correctly reported |
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gross workers' compensation insurance premiums of those insurers as |
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reported to the department under Subtitle E, Title 10, Insurance |
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Code. The commissioner of insurance shall set the rate of |
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assessment each year to produce the amount of funds that the |
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commissioner estimates will be necessary to operate the |
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occupational health and safety plan. The tax assessed under this |
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section is in addition to all other taxes imposed on those insurers |
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for workers' compensation purposes and shall be paid to the |
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department at the same time that the insurers pay the maintenance |
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tax imposed under Chapter 255, Insurance Code. |
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(b) The commissioner of insurance may adopt rules as |
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necessary relating to the assessment and collection of the |
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maintenance tax imposed under Subsection (a). |
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(c) The department shall remit all funds received under this |
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section to the comptroller for deposit in the state treasury to the |
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credit of the general revenue fund. |
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Sec. 411.157. DUTIES OF EMPLOYER AND WORKSITE OWNER. (a) |
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Each employer shall furnish and maintain a safe and healthful |
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employee work environment. The employer shall install, maintain, |
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and use those methods, processes, devices, and safeguards as are |
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necessary to protect the life, health, and safety of employees. |
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(b) Each employer and worksite owner shall report to the |
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division in the manner prescribed by the rules of the commissioner |
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information relating to personal injuries, fatalities, accidents, |
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and other occupational health and safety issues related to the |
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employer's place of business or the worksite, as applicable. The |
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employer and worksite owner shall report on forms prescribed by and |
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covering time periods designated by the commissioner. |
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SECTION 2. Section 502.003, Health and Safety Code, is |
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amended by adding Subdivision (4-a) and amending Subdivision (8) to |
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read as follows: |
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(4-a) "Commissioner" means the commissioner of |
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workers' compensation. |
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(8) "Division" means the division of workers' |
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compensation of the Texas Department of Insurance ["Director" means
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the director of the Texas Department of Health]. |
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SECTION 3. Chapter 502, Health and Safety Code, is amended |
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by adding Section 502.0035 to read as follows: |
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Sec. 502.0035. ADMINISTRATION; REFERENCES. (a) |
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Notwithstanding any other provision of this chapter, this chapter |
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is administered by the commissioner. |
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(b) A reference in this chapter to the Texas Board of |
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Health, the Texas Department of Health, a successor agency to that |
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board or department, or to the director means the commissioner or |
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the division, or a successor officer or agency to the commissioner |
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or division, as appropriate. |
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SECTION 4. Section 411.018, Labor Code, is repealed. |
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SECTION 5. The commissioner of workers' compensation shall |
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adopt rules as necessary to implement Subchapter I, Chapter 411, |
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Labor Code, as added by this Act, not later than January 1, 2012, |
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and shall implement the state occupational health and safety plan |
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not later than September 1, 2012. |
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SECTION 6. This Act takes effect September 1, 2011. |