| (a) This subchapter applies as follows:
(1) nothing in this subchapter applies to a federal entity or to a state agency, institution, or department described by Chapter 501, 502, 503, or 505;
(2) Sections 411.043, 411.044, 411.045, 411.046, and 411.047 apply only to an employer that is:
(A) a political subdivision subject to Chapter 504; and
(B) not an employer described by Subdivision (1); and
(3) Sections 411.0415, 411.042, 411.048, 411.049, and 411.050 apply to all employers, other than an employer described by Subdivision (1).
(b) The division shall develop a program to identify hazardous employers. The program must include analysis of injury frequency.
(c) Except as provided by Section 411.0415, an employer whose injury frequencies substantially exceed those that may reasonably be expected in that employer's business or industry is a hazardous employer.
Acts 1993, 73rd Leg., ch. 269, §1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 980, § 1.34, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 957, § 2.02, eff. Sept. 1, 1999.
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Relevant Case Law
Note: TWCC's Texas Hazardous Employer Program is preempted by the OSH Act.
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