As a prerequisite for writing workers' compensation insurance in Texas, an insurance company must maintain or provide accident prevention facilities that are adequate to 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 Chapter 411, Subchapter E and 28 Texas Administrative Code (TAC), Chapter 166. For more information about the accident prevention services requirements, contact the Division of Workers’ Compensation (DWC) at 512-804-4626 or firstname.lastname@example.org.
- Annual reporting requirements
- Accident prevention services inspections
- Adopted/repealed accident prevention services rules, 28 TAC, Chapter 166
An insurance company that writes workers' compensation in Texas must file an initial DWC Form-109, Accident Prevention Services Annual Report, with DWC no later than the effective date of its first workers' compensation insurance policy. 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 must be submitted to the DWC via e-mail to email@example.com.
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, 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.
If appropriate, DWC can remotely inspect an insurance company's accident prevention services by electronic means. Insurance companies that want an electronic inspection should notify DWC of the request as soon as possible after receipt of the notification of inspection 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 delay or change 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 DWC considers necessary to determine compliance with the statute and rules.
On March 11, 2013, the Commissioner of Workers' Compensation 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 was to update various notice, service, and reporting requirements imposed on insurance companies regarding accident prevention services associated with Texas Labor Code provisions in Chapter 411, Subchapter E, Accident Prevention Services.
The adopted rules were effective October 1, 2013, and the 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)