(a) An employer seeking to obtain a certificate shall have its safety program reviewed or inspected by the division before the issuance of its initial certificate and thereafter, as appropriate, to demonstrate the existence of an effective safety program for each location.
(b) To facilitate the review or inspection process, the employer shall provide the division with access to all of the documents related to its safety program and its workers' compensation claims and shall permit the inspection of any of its work sites during working hours. Unreasonable refusal to provide access to the required information or facilities may be considered as:
(1) submission of an incomplete application or grounds for revocation of a certificate; and
(2) an administrative penalty with each day of noncompliance constituting a separate violation.
(c) Unless significant deficiencies are noted in a safety program review or inspection, the division is not required to issue a review or inspection report.
The provisions of this §114.9 adopted to be effective January 1, 1993, 17 TexReg 7896; amended to be effective May 9, 2004, 29 TexReg 4186; amended to be effective January 6, 2019, 44 TexReg 99.