DWC Requests Comments on Accident Prevention Services Rule Changes

Ms. Kara Mace, DWC General Counsel, announced on February 15, 2024 that DWC is accepting public comments on a proposed rule amending various Chapter 166 rules, concerning certain submission requirements for insurance companies about their accident prevention services (APS).

The rulemaking will amend Rules 166.1, 166.2, 166.3, and 166.5. The amendments are necessary to:

      • Eliminate overly burdensome reporting requirements that companies must adhere to in order to demonstrate the sufficiency of their APS to DWC.
      • Bring the administrative rule requirements more in line with the statutory requirements.
      • Update citations, remove obsolete references, and apply plain language and agency style editorial changes.

Chapter 166 implements Texas Labor Code Sections 411.061, 411.064, 411.065, and 411.066. The Labor Code requires companies to follow comprehensive APS procedures and reporting requirements. DWC requires additional items from these companies in its rules. Removing some of the additional required information will allow companies to focus on their APS by not having to track and submit as much information to DWC.

The amended rules still require companies to submit information on their APS, in compliance with Labor Code § 411.065, and DWC maintains its authority to inspect any company at any time. The statutes and amended rules are sufficient to ensure companies are maintaining proper APS.

The proposed rule will be published in the February 23, 2024, issue of the Texas Register and available at www.sos.state.tx.us/texreg/index.shtml once published. DWC will also post a copy of the proposed rule on the TDI website at www.tdi.texas.gov/wc/rules/2024rules.html.

You may also submit written comments on the proposed rule to RuleComments@tdi.texas.gov, or mail or deliver your comments to:

Legal Services, MC-LS
Texas Department of Insurance, Division of Workers’ Compensation
PO Box 12050
Austin, Texas 78711-2050

The deadline to submit comments is 5 p.m., Central time, on March 25, 2024.