Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,592
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(3) The notices required by paragraphs (1) and (2) of this
subsection shall be filed with the division in writing or electronically
in the form and manner prescribed by the division and shall contain:
(A) a statement that the employer does not have work-
ers' compensation insurance coverage;
(B) a statement of whether the employer had a death,
injuries that resulted in the injured employee's absence from work for
more than one day, or knowledge of an occupational disease since the
last report of no coverage;
(C) the employer's business name;
(D) the federal employer identification number (FEIN);
(E) the employer's business mailing address;
(F) the employer's business type;
(G) the employer's North American Industry Classifica-
tion System (NAICS) code(s);
(H) additional business locations (including name,
FEIN, and address concerning each additional location); and
(I) the date the form was completed and the name, title,
telephone number, email address, and signature of the person providing
the information required by this subsection.
(c) Employers are responsible for timely and accurate notice
under this section. A notice required by this section is considered filed
with the division only when it accurately contains all of the data ele-
ments specified under subsection (b) of this section and is received by
the division.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on July 13, 2012.
TRD-201203613
Dirk Johnson
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Effective date: August 2, 2012
Proposal publication date: February 24, 2012
For further information, please call: (512) 804-4703
CHAPTER 160. REPORTS OF INJURY
AND OCCUPATIONAL DISEASE--GENERAL
PROVISIONS
28 TAC 160.1 - 160.3
The Texas Department of Insurance (Department), Division
of Workers' Compensation (Division) adopts amendments to
160.2 and 160.3 of this title (relating to Non-Subscribing
Employer's Report of Injury and Subscribing Employer's Report
of Injury, respectively) and new 160.1 of this title (relating to
Applicability) regarding reports of injury and occupational dis-
ease by employers. Sections 160.1 - 160.3 implement certain
statutory provisions in Labor Code Chapter 411, Subchapter C,
specifically Labor Code 411.032 that require an employer to
file with the Division a report for certain on-the-job injuries and
occupational diseases. New 160.1 and the amendments to
160.2 and 160.3 are adopted with changes to the proposedtext published in the February 24, 2012, issue of the Texas
Register (37 TexReg 1166). These changes, however, do not
materially alter issues raised in the proposal, introduce new
subject matter, or affect persons other than those previously on
notice.
In accordance with Government Code 2001.033, the Division's
reasoned justification for these amendments and new rule is
set out in this order, which includes the preamble, which in
turn includes the rules. The reasoned justification is contained
throughout the preamble, including the reasons why the new
and amended rules are necessary; the factual, policy and legal
bases for the new and amended rules; a summary of comments
received from interested parties, names of the entities that
commented and whether they were in support of or in opposition
to the adoption of the rules, and the reasons why the Division
agrees or disagrees with the comments and recommendations.
The Division published an informal draft of these proposed
amendments and new rule on the Division's website for informal
comment on November 8, 2011. The Division received five
informal comments. The public comment period for these
proposed new and amended rules ended on March 26, 2012.
The Division received eight public comments. No public hearing
was requested or held for this proposal.
Simultaneous with the adoption of these amendments and
new rule, the Division has adopted amendments to 110.1
and 110.101 and new 110.7, 110.103, and 110.105 of this
title. These other adopted amendments and new rules relate to
other reporting requirements placed upon employers and are
published elsewhere in this issue of the Texas Register.
The adopted amendments to 160.2 and 160.3 and adopted
new 160.1 concern reports of injury by employers pursuant to
requirements in Labor Code 411.032. Labor Code 411.032(a)
requires an employer to file with the Division a report of each:
(1) on-the-job injury that results in the employee's absence from
work for more than one day; and (2) occupational disease of
which the employer has knowledge. In accordance with Labor
Code 411.002, employers subject to these reporting require-
ments are: (1) employers who obtain workers' compensation
insurance coverage; and (2) employers who are not required
to and do not obtain workers' compensation insurance cover-
age and who employ five or more employees not exempt from
workers' compensation insurance coverage. Additionally, La-
bor Code 411.001 defines "employer" for purposes of Labor
Code Chapter 411, including Labor Code 411.032, as "a person
who makes a contract of hire." Labor Code 411.032(b) speci-
fies that the Commissioner of Workers' Compensation (Commis-
sioner) shall adopt rules and prescribe the form and manner of
employer reports of injury and occupational disease filed under
Labor Code 411.032.
Information reported to the Division by employers in accordance
with Labor Code 411.032 is included in the job safety informa-
tion system and associated data base mandated by Labor Code
411.031 and 411.033. These statutes require the Division to
maintain a job safety information system which includes a com-
prehensive data base that incorporates all pertinent information
relating to each injury reported under Labor Code 411.032. This
information must include the age, sex, wage level, occupation,
and insurance company payroll classification code of the injured
employee; the nature, source, and severity of the injury; the re-
ported cause of the injury; the part of the body affected; any
equipment involved in the injury; the number of prior workers'
compensation claims by the employee; the prior loss history of37 TexReg 5592 July 27, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/72/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.