As a prerequisite for writing workers’ compensation insurance in Texas, an insurance company must maintain or provide accident prevention facilities that are adequate to provide accident prevention services required by the nature of their policyholder operations. These include surveys, recommendations, training programs, consultations, analysis of accident causes, industrial hygiene, and industrial health services. Applicable statute and rules include the Texas Labor Code (TLC), Chapter 411, Subchapter E and 28 Texas Administrative Code (TAC), Chapter 166. For more information about the accident prevention services requirements, contact the TDI-DWC at 512-804-4626 or aps@tdi.texas.gov.

• Annual Reporting Requirements
• Accident Prevention Services Inspections
• Recently Adopted/Repealed Accident Prevention Services Rules 28 TAC, Chapter 166

Annual Reporting Requirements

• Companies Writing Worker’s Compensation Policies Before October 1, 2013Insurance companies that had active workers’ compensation policies at any time from January 1, 2013 through October 1, 2013 must submit an initial DWC Form-109, Accident Prevention Services Annual Report, to the TDI-DWC by April 1, 2014. Subsequent annual reports must be filed by April 1 of each year thereafter if active policies were in effect for the preceding calendar year.
• Companies that Start Writing Worker’s Compensation Policies On or After October 1, 2013 

  An insurance company that writes its first workers’ compensation policy on or after October 1, 2013 shall file with the TDI-DWC an initial DWC Form-109, Accident Prevention Services Annual Report,not later than the effective date of its first workers’ compensation insurance policy. Thereafter, they must file a subsequent annual report by April 1 of each year if active policies were in effect for the preceding calendar year.The DWC Form-109 may be submitted to the TDI-DWC via e-mail to aps@tdi.texas.gov.

Accident Prevention Services Inspections

The TDI-DWC determines the adequacy of insurance company accident prevention facilities and services that are required by state law through review of information submitted on the DWC Form-109, Accident Prevention Services Annual Report, and through inspections of an insurance company’s accident prevention services.

As part of the inspection process, the TDI-DWC conducts policyholder visits to help determine the adequacy of the accident prevention services provided by insurance companies. Items reviewed during policyholder visits typically include: the types and confirmation of accident prevention services provided by the insurance company; a review of policyholder written safety programs and work-related injuries and illnesses; and an assessment of safety or health hazards at the worksite.

As determined to be appropriate, the TDI-DWC can remotely inspect an insurance company’s accident prevention services via electronic means. Insurance companies that desire an electronic inspection should notify the TDI-DWC of the request as soon as possible after receipt of the notification of inspection letter and no later than the date the policyholder list is due. Insurance company representatives or their designees must be available by telephone on the day of the inspection. Any information presented electronically by insurance companies will be provided in a manner that does not impede or alter the inspection process and will be in accordance with 28 TAC Chapter 166.

Each insurance company writing workers’ compensation policies will receive an initial inspection. Subsequent inspections will be conducted as often as the TDI-DWC considers necessary to determine compliance with the statute and rules.

Recently Adopted/Repealed Accident Prevention Services Rules

On March 11, 2013, Commissioner of Workers’ Compensation Rod Bordelon adopted new 28 TAC §166.2, amended §§166.1, 166.3, and 166.5, and repealed §§166.2, 166.4, and 166.6 – 166.9 regarding Texas Workers’ Compensation Accident Prevention Services. The purpose of these changes is to update various notice, service, and reporting requirements imposed upon insurance companies regarding accident prevention services associated with TLC provisions in Chapter 411, Subchapter E, Accident Prevention Services.

The adopted rules were effective October 1, 2013. The newly adopted rules and associated forms are available on the TDI website.

• Adopted/Repealed Rules (28 TAC Chapter 166)
• DWC Form-105, Accident Prevention Services Worksheet
• DWC Form-109, Accident Prevention Services Annual Report
• Accident Prevention Services Rule Implementation Training Materials (PDF)

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For more information contact: APS@tdi.texas.gov

 

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.