(a) Each state agency covered by Texas Labor Code, Chapter 412, shall develop and implement an agency risk management program, which shall include a safety and health program and a return-to-work program. State agency risk management programs shall either:
  (1) comply with the risk management guidelines, including risk control and risk financing, contained in the Texas Enterprise Risk Management Guidelines published by the State Office of Risk Management (the Office); or
  (2) utilize other appropriate nationally recognized standards, including Occupational Safety and Health Administration (OSHA) standards.
(b) When a risk exposure is not covered by the guidelines referenced in subsection (a) of this section, appropriate nationally recognized standards shall be followed, including the OSHA standards.
(c) A state agency that cannot comply with any applicable guideline or nationally recognized standard shall, upon request of the Office at the time of a risk management program review, file a statement with the Office which:
  (1) clearly identifies the factors preventing the agency's compliance with the appropriate guideline or nationally recognized standard; and
  (2) states the action the agency will take in lieu of complying with the guideline or nationally recognized standard.
(d) The Office shall review, verify, monitor, and approve state agency risk management programs based on compliance with subsections (a), (b), and (c) of this section.
(e) State agencies covered by Chapter 412 of the Texas Labor Code that do not comply with subsections (a), (b), and (c) of this section will be identified as not in compliance with this subchapter in the biennial report to the Legislature.

Source Note: The provisions of this §252.201 adopted to be effective December 22, 2002, 27 TexReg 11774; amended to be effective September 4, 2022, 47 TexReg 5138