Texas Nonsubscribers And Responsible Nonsubscription

The Texas Association of Responsible Nonsubscribers or TXANS leads the effort to promote the use of sound and ethical practices relating to injury prevention and the provision of quality workplace injury benefits by non-subscribers to workers' compensation. TXANS provides specialized programs and services to help Texas employers succeed as responsible non-subscribers. TXANS also works to address important public policy objectives so that the freedom to choose injury benefit options can continue for both employers and employees.

TXANS Newsline

01/16/2014 -- HOW IN THE WILD, WILD WEST DID ANGELS START HANDLING EMPLOYEE INJURY CLAIMS?
In a recent article from the USLAW Network attorneys Clint Cox and Todd Estes highlight some differences between the option to provide benefits outside of workers' compensation in Texas and Oklahoma. The authors explain that one of the primary differences is that Texas employers are liable for worker injuries while Oklahoma law shields employers with exclusive remedy language. Accordingly they ask the question, "Does the new Oklahoma law have enough auxiliary precautions to protect employers, protect employees and allow businesses to still make a profit?"

11/13/2013 -- NEW PROPOSED RULE WOULD OPEN EMPLOYER INJURY RECORDS TO PUBLIC INSPECTION
The Occupational Safety and Health Administration (OSHA) has issued a proposed rule that will require employers to report injuries through an online database, which will eventually be posted online.

11/05/2013 -- EMPLOYERS MUST COMPLETE TRAINING FOR NEW CHEMICAL LABELING REGS BY DECEMBER 1st
EmployerBrief.com - The Occupational Safety and Health Administration (OSHA) recently revised its Hazard Communication Standard to be consistent with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals.

According to OSHA, the reason for the change is to improve safety and health of workers through more effective communications on chemical hazards. Thus, because chemical manufacturers will soon begin to use labels that are compliant with the new standard, employees must be trained to understand the labels.

Employers must complete training for their employees on the new required chemical label elements and the Safety Data Sheets (SDS) by Dec. 1, 2013. The training must be completed in a manner that employees understand. For example, where necessary, employers must accommodate employees with specific communication needs, including employees who speak languages other than English, employees who have limited vocabularies and employees who are illiterate.

The required training must contain 3 topics...

05/06/2013 -- OKLAHOMA GOVERNOR FALLIN SIGNS WORKERS COMP BILL INTO LAW
Oklahoma Governor Mary Fallin today signed into law Senate Bill 1062, a bill that brings significant changes the workers’ compensation system in Oklahoma. The bill, moves the state from a court-based workers’ compensation system to an administrative system and allows employers to "opt out" if they provide the same forms of benefits as required under the workers' compensation system. Upon signing Govern Fallin stated, "For decades, Oklahoma has had one of the most expensive and inefficient workers’ compensation systems in the country, a constant obstacle for business owners looking to expand operations or create more jobs. “Senate Bill 1062 completely overhauls our flawed workers’ comp system, dramatically reducing the costs to businesses and freeing up private-sector resources that can be invested in jobs rather than lawsuits.

04/17/2013 -- BENEFIT PLANS CAN CONTINUE TO ENFORCE SUBROGATION/REIMBURSEMENT PROVISIONS
Plans Can Continue to Enforce Subrogation/Reimbursement Provisions
In a unanimous ruling, the United States Supreme Court ruled yesterday in U.S. Airways, Inc. v. McCutchen that employee benefit plans will continue to be able to enforce subrogation/reimbursement provisions.

Employee benefit plans, including those offered by nonsubscribing employers, often provide that if the participant obtains compensation from a third party for an injury, he or she must fully reimburse the plan. A conflict occurred when some courts held that Section 502(a)(3) of ERISA authorized courts to rewrite contractual language and refuse to order participants to reimburse their plan for benefits paid, even when the plan's terms provided an absolute right to full reimbursement.

Although the decision generally supports subrogation/reimbursement under the the plan's terms, when there are gaps in the plan, equitable doctrines may be used to properly construe it.

Please click on the following link to download (PDF) U.S. Airways, Inc. v. McCutchen

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TXANS News Releases

04/17/2014 -- TDI APPROVES UPDATE TO TEXAS NONSUBSCRIBER TO WORKERS' COMP STUDY
Texas commissioner of insurance Julia Rathgerber has adopted the FY 2014 Research Agenda for the Workers’ Compensation Research and Evaluation Group at the Texas Department of Insurance.

03/25/2014 -- TXANS ANNOUNCES PROGRAMS FOR 24TH ANNUAL NONSUBSCRIBER CONFERENCE & EXHIBITION
The Texas Association of Responsible Nonsubscribers has announced programs for TXANS 24th Annual Nonsubscriber Conference & Exhibition. TXANS 2014 Nonsubscriber Conference & Exhibition is planned for April 30-May 1, 2014 in Austin, Texas.

03/03/2014 -- REGISTERATION OPENS FOR TXANS 24th NONSUBSCRIBER CONFERENCE AND EXHIBITION
TXANS conference is the oldest and most comprehensive event to focus on the needs of employers who operate as nonsubscribers to workers’ compensation in Texas.

01/22/2014 -- FILING DEADLINE APPROACHES FOR NONSUBSCRIBERS TO WORKERS' COMPENSATION
Texas employers who operate as a nonsubscriber to workers’ compensation system and whose employees are not exempt from coverage under the Texas Workers’ Compensation Act must file a DWC Form-005--Employer Notice of No Coverage or Termination of Coverage—between February 1 and April 30 of each calendar year.

11/26/2013 -- OKLAHOMA UPDATE: SUPREME COURT AGREES TO CONSIDER CONSITIUTIONALITY OF NEW WORKERS COMP & OPT OUT LAW
The Oklahoma Supreme Court yesterday agreed to hear oral arguments in a case that challenges the constitutionality of Oklahoma's new workers' compensation law.

TXANS Member Resource Center

QUESTIONS AND ANSWERS - NONSUBSCRIBER [21]
LAWS AND REGULATIONS - STATE NONSUBSCRIBER [22]
POSTERS AND FORMS - TEXAS NONSUBSCRIBER [8]
POSTERS & WORKPLACE FORMS - STATE [16]
POSTERS & WORKPLACE FORMS - FEDERAL [10]
LAWS AND REGULATIONS - STATE EMPLOYMENT [14]
SAFETY - PLANS, POLICIES AND CHECKLISTS [21]
LEGISLATIVE - ARTICLES AND REPORTS - NONSUBSCRIBERS [27]
STATE LEGISLATION - NONSUBSCRIBER [26]
SURVEYS & STATISTICS - NONSUBSCRIBER [30]
COURT OPINIONS - STATE NONSUBSCRIBER [127]
COURT OPINIONS - FEDERAL EMPLOYMENT & NONSUBSCRIBER RELATED [28]
LAWS AND REGULATIONS - FEDERAL - NONSUBSCRIBER RELATED [29]
WORKPLACE POLICIES - SAMPLES [23]
WALKING & WORKING SURFACES [14]
ELECTRICAL [11]
PERSONAL PROTECTIVE EQUIPMENT [6]
MACHINE GUARDING [8]
HAZARDOUS MATERIALS & COMMUNICATION [20]
EMERGENCY & DISASTER PLANNING [30]
WORKPLACE VIOLENCE [11]
TRANSPORTATION SAFETY [24]
INFLUENZA [11]
RESPIRATORY PROTECTION & CONFINED SPACES [11]
ACCIDENT PREVENTION AND INVESTIGATION [14]
TOOLS, EQUIPMENT & MATERIAL HANDELING [16]
SAFETY TRAINING [19]
BLOODBORNE PATHOGENS [19]
OSHA GENERAL INDUSTRY STANDARDS [19]
OSHA RECORDKEEPING [8]
WORKPLACE SECURITY [6]
EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) [25]
HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT (HIPPA) [7]
ADA, FMLA & EEOC [19]
HEALTHCARE & CLAIMS [12]
DISPUTE PREVENTION, LITIGATION & ADR [12]
INSURANCE [9]
DRUGS & ALCOHOL [14]
TELECOMMUTING [7]
ERGONOMICS [6]
FIRE PROTECTION [3]
MEDICARE SECONDARY PAYER [12]
FEDERAL HEALTH CARE LAW [10]
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Annual Conference 2014

TXANS
TXANS Association of Responsible Nonsubscribers

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