28 Tex. Admin. Code § 276.10 - Ombudsman Training and Continuing Education Program
(a) Definitions. The following words and
phrases shall have the following meaning in this section unless the context
clearly indicates otherwise:
(1) Continuing
education: A formal training program required for all ombudsmen in this
state.
(2) Ombudsmen education and
training program: The training required by the Office of Injured Employee
Counsel (OIEC) to serve as an ombudsman, which results in certification upon
completion.
(b) Purpose.
OIEC shall establish and maintain the ombudsmen education and training program
to ensure consistent, quality, and thorough training of ombudsmen staff. The
ombudsmen education and training program applies to every ombudsman, regardless
of hire date. The ombudsmen education and training program shall include, but
is not limited to:
(1) formal classroom
training conducted by OIEC staff;
(2) on-the-job training monitored by a
supervising ombudsman, associate director, and regional staff
attorneys;
(3) observations of
ombudsmen by supervising ombudsman, associate director, and regional staff
attorneys;
(4) professional skill
development and legal education on workers' compensation laws, rules,
advisories, and appeals panel decisions by the regional attorneys;
and
(5) resource meetings with
OIEC's central staff to discuss current and pending issues instrumental to
providing assistance to injured employees in informal and formal proceedings;
and
(6) practical skills training
and legal assistance provided by the regional staff attorneys.
(c) OIEC staff's responsibilities
regarding education and training. OIEC staff shall maintain the knowledge and
skills needed to properly assist unrepresented injured employees in the
workers' compensation system.
(1) The
Ombudsman Program is the division within OIEC that is responsible for the
overall management of the ombudsmen education and training program. The
Ombudsman Program's responsibilities include, but are not limited to:
(A) educating ombudsmen about the workers'
compensation laws, rules, advisories, appeals panel decisions, dispute
resolution, OIEC policies and procedures, and application of such information
to specific cases or factual situations;
(B) selecting supervisory staff to observe,
supervise, train, and provide feedback to ombudsmen on a daily basis;
(C) notifying regional staff attorneys if
guidance, instruction, or legal research on technical areas is
needed;
(D) establishing on-going
training schedules for ombudsmen and evaluating the performance of ombudsmen's
progress through the education and training program;
(E) maintaining documentation to monitor the
effectiveness of the ombudsman program and coordinating with OIEC's Legal
Services division to develop education and training materials to address
systematic issues to enhance ombudsmen's effectiveness;
(F) examining the proficiency and competency
of each ombudsman by conducting technical observations and identifying areas
for professional improvement;
(G)
providing targeted training to individual ombudsman for professional
development and incorporating the technical observations and evaluations into
the performance evaluation process;
(H) providing continuing education and
training, at least annually, to ombudsmen on workers' compensation laws, rules,
advisories, appeals panel decisions, dispute resolution, OIEC policies and
procedures; and
(I) assigning a
staff attorney to each ombudsman who will advise the ombudsman on providing
assistance to injured employees and preparing for informal and formal
proceedings.
(2) An
ombudsman's responsibilities shall include, but is not limited to:
(A) completing the ombudsmen education and
training program;
(B) participating
in OIEC conferences;
(C) completing
all continuing education requirements;
(D) maintaining the technical and
professional skills to perform all the duties of an Ombudsman; and
(E) assisting injured employees throughout
the workers' compensation system.
Notes
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