Texas Labor Code Title 5, Chapter 411 - Workers' Health And Safety

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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  In this chapter: (1) Repealed by Acts 2005, 79th Leg., Ch. 265, Sec. 7.01(23), eff.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...
• Texas Section 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:...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B GENERAL POWERS AND DUTIES OF DIVISION

• Texas Section 411.005 - Franchisors Excluded
  (a) In this section, "franchisee" and "franchisor" have the meanings assigned by 16 C.F.R. Section 436.1. (b) For purposes of this chapter, a franchisor is...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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.
• Texas Section 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...

SUBCHAPTER C JOB SAFETY INFORMATION SYSTEM

• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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:...
• Texas Section 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...

SUBCHAPTER E ACCIDENT PREVENTION SERVICES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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'...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F EMPLOYEE REPORTS OF SAFETY VIOLATIONS; EDUCATIONAL MATERIALS

• Texas Section 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;...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 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)...

SUBCHAPTER H GENERAL REQUIREMENTS RELATING TO OCCUPATIONAL HEALTH AND SAFETY

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016