1. (a) Not later than 30 days following the effective date of the policy, or receipt of notice of identification, whichever occurs later, the policyholder shall 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; Removal from the List of Approved Sources). The consultation may be provided by:

   1. (1) the division, subject to the conditions specified in §§164.3, 164.11, and 164.12 of this title (relating to Safety Consultation; Request for Safety Consultation from the Division; and Reimbursement of Division for Services Provided to Extra-hazardous Employer);
   2. (2) the fund; or
   3. (3) another professional source.
2. (b) 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.
3. (c) The safety consultant, or the field safety representative if the fund is providing the survey at no charge to the policyholder, shall conduct a hazard survey at each appropriate job site of the policyholder and prepare a hazard survey report. The report shall be in a written format prescribed by the commission and shall include a description of any hazardous conditions or practices identified, along with recommendations for controlling the identified hazardous conditions or practices.
4. (d) The hazard survey report(s), signed by the safety consultant, the field safety representative, and the policyholder, and any attachments shall be filed by the consultant with the division within 24 hours of completing the consultation. In the event the survey was conducted by a field safety representative of the fund, the report shall be reviewed, approved, and signed by the field safety representative and an approved professional source on the staff of the fund. Failing to file the survey, or including false or misleading statements, is an additional reason for removal from the list of professional sources as provided in §164.10 of this title (relating to Removal from the List of Approved Professional Sources).
5. (e) The initial consultation, report, and accident prevention plan must all be delivered to the Division of Workers' Health and Safety no later than 90 days after the policyholder receives the notice of identification. This 90-day period includes the time required for completing a hazard survey, producing a report and getting it reviewed by an approved professional source if necessary, and producing an accident prevention plan and getting that reviewed and approved by an approved professional source.
6. (f) Formulation of an accident prevention plan shall be in accordance with §164.4 of this title (relating to Formulation of Accident Prevention Plan) except that the field safety representative of the fund may assist in the formulation of the accident prevention plan if the fund does not charge for the service and if an approved professional source employed by the fund reviews, approves, and signs the plan.

Source Note:The provisions of this §165.7 adopted to be effective April 20, 1994, 19 TexReg 2548.