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  5. 934 S.W.2d 149 (1996)
 

BEN ROBINSON v. WORKERS' COMP. COM'N

No. 03-95-00522-CV.

934 S.W.2d 149 (1996)

BEN ROBINSON COMPANY, Appellant, v. TEXAS WORKERS' COMPENSATION COMMISSION and its members in their official capacity, O.D. Kenemore, Ramon Class, Jack Garey, Royce Faulkner, Donna L. Snyder and John Nash, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 16, 1996.

Attorney(s) appearing for the Case

Mark S. Dreux, Arthur G. Sapper, Melissa L. Peppe, McDermott, Will & Emery, Washington, DC, Robin Robinson, Houston, for Ben Robinson Co.

Dan Morales, Attorney General, Dewey E. Helmcamp, III, Assistant Attorney General, General Counsel Division, Austin, for appellees.

Before POWERS, JONES and B.A. SMITH, JJ.

BEA ANN SMITH, Justice.

This appeal requires us to decide whether the Occupational Safety and Health Act, 29 U.S.C. § 651 (1982), preempts the Extra-Hazardous Employer Program ("the Program") as it is currently administered by the Workers' Health and Safety Division of the Texas Workers' Compensation Commission. See Tex.Lab.Code Ann. § 411.041 (West 1996); 28 Tex.Admin.Code § 164.1 (West 1996). We conclude that it does.

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