Texas Labor Codes 411.0415
From Wcc
§ 411.0415 Exemption for Certain Employers; Hearing (9/1/95)
| (a) The executive director may exclude from identification as a hazardous employer an employer who presents evidence satisfactory to the commission that the injury frequencies of the employer substantially exceed those that may reasonably be expected in that employer's business or industry only because of a fatality that:
(b) The commission by rule shall analyze and list fatalities that may not be related to the work environment, including:
(c) If the commission determines that the case history of the employee's fatality indicates that the employer or the work environment was a proximate cause of the fatality, the commission may request a hearing under Section 411.049. If the hearing establishes that a proximate cause of the fatality was a factor or factors within the employer's control and was within the course and scope of the employment, the commission may identify the employer for the hazardous employer program if that fatality causes the employer to be designated as a hazardous employer.
|
