SECTION 165.7. Report of Follow-Up Inspection

(a) As soon as practical, but not later than 30 days from the date of the follow-up inspection, the policyholder, the safety consultant, and the Texas Mutual Insurance Company, shall be provided copies of the follow-up inspection report by the division.

(b) The report shall be in writing and shall specify whether the policyholder has, or has not, implemented the accident prevention plan or other acceptable corrective measures approved by the division.

(c) If the policyholder is found not to have implemented the accident prevention plan, the report shall also contain a list of the specific areas of the accident prevention plan which have not been implemented.

(d) Failure or refusal to implement the accident prevention plan is an administrative violation with penalty not to exceed $5,000 for each day of non-compliance. The Texas Workers' Compensation Commission's Division of Workers' Health and Safety (the division) shall refer the matter to the Commission's Division of Compliance and Practices to pursue the administrative violation if:

(1) the policyholder fails or refuses to implement the accident prevention plan or approved alternative measures;

(2) the policyholder does not cancel coverage within 30 days after the date of the division's determination of such failure or refusal; and

(3) the Texas Mutual Insurance Company notifies the division that it will not cancel the coverage.

Source Note: The provisions of this §165.7 adopted to be effective April 25, 1999, 24 TexReg 3092; amended to be effective September 12, 2004, 29 TexReg 8610