Texas Workers Comp Non-Subscriber Safety Program
The safety program every Texas non-subscriber needs. Covers federal OSHA baseline compliance AND the documentation that holds up in non-subscriber injury litigation — where common-law defenses are stripped and the employer faces direct liability.
When this template is required
Texas is the only US state where private employers can opt out of workers compensation. Non-subscriber employers face direct civil liability for workplace injuries — most common-law defenses (contributory negligence, assumption of risk, fellow-servant doctrine) are unavailable. A documented safety program is the primary liability defense. TX has no state OSHA; federal OSHA covers most private employers.
Why this template
Unique TX liability framework
Texas is the only state allowing private WC opt-out. Non-subscribers face direct civil liability for workplace injuries with NO no-fault buffer. Common-law defenses (contributory negligence, assumption of risk, fellow-servant doctrine) are statutorily UNAVAILABLE per Tex. Lab. Code §406.033. A documented safety program is the foundational defense — its absence is a near-automatic loss in litigation.
Defense-pattern documentation
Non-subscriber injury suits turn on what the employer did to identify and control hazards. Training records, JHAs, safety committee minutes, inspection logs, and accident investigations are the evidentiary record. The program builds documentation that holds up under plaintiff-attorney cross-examination.
TDI notice and filing compliance
Non-subscribers must notify TDI annually (DWC-5 employee notice; DWC-7 annual report). Failure to notify converts the employer to mandatory subscriber status at TDI's option. The template includes both forms and the filing procedure.
Federal OSHA layered in
Texas has no state OSHA. Federal OSHA applies to private employers. The program covers federal OSHA general industry and construction requirements layered with the non-subscriber-specific elements — one program meets both compliance and litigation defense needs.
What you receive
- Texas Non-Subscriber Safety Program (Word .docx)
- Non-subscriber employee notice (DWC-5 model and posting)
- TDI DWC-7 annual filing procedure
- Hazard identification and JHA framework
- Safety committee charter (litigation-defensible employee involvement)
- Accident investigation procedure (defense-focused documentation)
- Employee acknowledgment forms (notice receipt, training completion)
- Federal OSHA compliance crosswalk (general industry + construction)
- Training documentation matrix
- Annual program review log
How you get it
This document is written and reviewed against the standard it cites, and it is ready now. The download link is emailed as soon as your payment clears.
Revisions included — if something about your operation changes what the document should say, reply to the delivery email and we will amend it.
Who buys this
- Texas employers opting out of workers compensation (~25% of TX private workforce)
- Texas construction GCs and contractors (non-subscriber)
- Texas manufacturing and warehousing
- Texas oil & gas service companies
- Texas retail and hospitality chains operating as non-subscribers
- Texas trucking and logistics non-subscribers
Frequently asked
What's a non-subscriber in Texas?
Texas Labor Code Title 5 makes workers compensation elective for private employers — they can subscribe to WC insurance or opt out as a 'non-subscriber.' About 25% of Texas private workers are with non-subscriber employers. Non-subscribers don't pay WC premiums or provide statutory WC benefits, but they lose the no-fault liability buffer that WC provides — injured workers can sue directly, and most common-law defenses are unavailable per §406.033.
What defenses lose under non-subscriber status?
Per Texas Labor Code §406.033, in a suit by an injured employee against a non-subscriber employer, the employer may NOT use: (1) contributory negligence (employee was partly at fault); (2) assumption of risk (employee knew the danger); (3) fellow-servant doctrine (a coworker caused the injury). The employer must prove it was NOT negligent — a much harder burden than under WC's no-fault system or a typical negligence case.
Is non-subscriber liability really that significant?
Yes. Non-subscriber injury verdicts in Texas regularly exceed what WC would have paid by orders of magnitude. Punitive damages are available (unlike WC). Plaintiff attorneys specialize in non-subscriber suits. The cost calculus that makes non-subscribership attractive (no WC premiums) is upended by a single significant injury without adequate safety documentation.
What's TDI DWC-5?
DWC-5 is the Texas Department of Insurance Division of Workers' Compensation form notifying employees of the employer's non-subscriber status. It must be: (1) posted at the workplace where employees can see it; (2) provided to each employee at hire; (3) re-provided periodically. The template includes the form.
What's TDI DWC-7?
DWC-7 is the annual non-subscriber report to TDI. Reports work-related fatalities, injuries, occupational diseases, and certain employer information. Filed by April 30 each year for the prior calendar year. Penalty for non-filing. The procedure walks through the filing.