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Advisory 96-13


Insurance companies required to provide accident prevention services may satisfy part of the service requirements of Commission Rule 166.4(c) through the documented recommendation of an OSHCON consultation which is received by a policyholder.

TWCC is accepting OSHCON consultations to fulfill the requirement of accident prevention services required by 166.4(c)(2) as the provision of "other appropriate services" as defined by Commission Rule 166.1. Insurance companies showing direct contact between themselves and policyholders, which results in an actual OSHCON consultation, may use the recommendation to satisfy the "on-site visit, or provision of other appropriate services" required by Commission Rule subsection 166.4(c)(2)(B). The recommendation and completion of an OSHCON consultation may only be used to satisfy the subsection 166.4(c)(2)(B) requirement for the policyholder categories listed at that subsection. The mandatory on-site visits required by Commission Rule subsection 166.4(c)(2)(C) must continue to be provided by the insurance carrier as there is no provision for "other appropriate services" in this subsection.

In order to apply the OSHCON consultation to the rule requirement of the "provision of other appropriate services", the insurance carrier must provide the Commission with written documentation at the time of their Accident Prevention Services inspection. Required documentation will consist of a copy of the letter to the policyholder which indicates the insurance company's loss control department recommendation to the policyholder to request an OSHCON consultation and either a copy of the OSHCON consultation report, or a letter from the policyholder stating the date they received their recommended OSHCON consultation.

Since accident prevention services must be provided by a person meeting the Field Safety Representative (FSR) qualifications listed in Commission Rule 166.8, the insurance company, in their recommendation, must instruct the policyholder to advise the Commission that the requested OSHCON consultation is the result of a recommendation from their workers' compensation insurance company.

If you have questions or require further information, please contact the Workers' Health and Safety Division at (512) 440-3630.

Signed July 26, 1996.

Todd K. Brown, Executive Director