1. (a) Policyholders who have not had an accident prevention plan developed and implemented in the last six months prior to notification shall, not later than 30 days following the effective date of the policy, or receipt of notice of identification as a Rejected Risk employer, whichever occurs later, complete a safety consultation using a source approved by the division pursuant to §164.9 and §164.10 of this title (relating to Approval of Professional Sources for Safety Consultations; and Removal From the List of Approved Sources). The consultation may be provided by:

   1. (1) the Texas Workers' Compensation Commission's Division of Workers' Health and Safety (the division);
   2. (2) the Texas Workers' Compensation Insurance Fund (the Fund); or
   3. (3) another professional source.
2. (b) Policyholders who have had an accident prevention plan developed and implemented within the six months prior to notification as a Rejected Risk employer must obtain division review of the plan for adequacy, to include an on-site visit.
3. (c) The division shall provide the Fund with a list of approved professional sources. If the Fund elects not to provide the policyholder with safety consultation and accident prevention plan development services, the Fund shall include a copy of the list with the notification letter to the policyholder. If the Fund elects to provide such services, the list will be provided to the policyholder by the Fund at the request of the policyholder.
4. (d) The safety consultant, identified in subsection (a) of this section, shall visit the policyholder's work place, review existing safety programs, conduct a walk through at each appropriate job site to include a hazard exposure survey , and prepare a program review report. The report shall be in a written format prescribed by the commission.
5. (e) The program review report(s) and all subparts shall be filed by the consultant with the division within 24 hours of the date of the policyholder's signature on the program review report.
6. (f) The initial program review report must be delivered to the division of Workers' Health and Safety no later than 30 days after the policyholder receives the notice of identification. An extension of 30 days may be obtained from the division for good cause.
7. (g) The consultants identified in subsection (a) of this section may charge the employer for consultations provided under the Rejected Risk program.

Source Note:The provisions of this §165.2 adopted to be effective April 25, 1999, 24 TexReg 3092.