Texas operates under federal OSHA jurisdiction, meaning the state does not have its own OSHA-approved state plan. This places Texas among the 24 states that follow federal Occupational Safety and Health Administration standards rather than maintaining independent state programs. Private sector employers and workers in Texas must comply with all federal OSHA regulations across construction, maritime, agriculture, and general industries. 

Importantly, state and local government workers in Texas are not covered by OSHA, as federal OSHA only has jurisdiction over private sector employment when states lack approved state plans. However, federal government employees working in Texas must follow federal OSHA standards. 

 

Federal OSHA Jurisdiction in Texas: Key Regulatory Framework 

1. Federal Laws and Standards 

The primary legal foundation for workplace safety in Texas is the Occupational Safety and Health Act of 1970 (OSH Act), which requires employers to provide working conditions free of known dangers that could harm employees. The Act establishes the “General Duty Clause” under Section 5(a)(1), mandating that employers maintain workplaces free from recognized hazards likely to cause death or serious physical harm. 

 

2. Texas State Laws 

While Texas follows federal OSHA standards, the state has complementary laws including: 

• Texas Labor Code Chapter 411 – Workers’ Health and Safety, which requires employers to provide reasonably safe workplaces and coordinate with federal OSHA compliance 

• Texas Health and Safety Code Chapter 331 – Workplace Violence Prevention, specifically applicable to healthcare facilities 

• Texas Occupational Safety Act, which mandates employers provide reasonably safe work environments 

 

3. Employer Responsibilities and Requirements 

Fundamental Duties 

Under both federal and Texas law, employers must: 

• Provide and maintain employment and a place of employment that is reasonably safe and healthful for employees 

• Install, maintain, and use methods, processes, devices, and safeguards reasonably necessary to protect employee life, health, and safety 

Take all other actions reasonably necessary to make the employment and place of employment safe 

 

Specific OSHA Compliance Requirements 

Employers in Texas must comply with numerous OSHA standards, including: 

• Hazard Communication Standard – Ensuring employees know about hazardous chemicals and protection methods 

• Personal Protective Equipment (PPE) requirements – Providing necessary safety equipment free of charge in most cases 

• Fall Protection standards – The most frequently cited OSHA violation for twelve consecutive years 

• Machine Guarding requirements to protect against rotating parts and flying debris 

• Respiratory Protection programs when employees must wear respirators 

 

Training and Information Requirements 

Employers should: 

• Provide safety training in a language workers can understand 

• Inform workers about hazards through training, labels, alarms, and other methods 

• Display the official OSHA poster describing rights and responsibilities 

• Maintain accurate records of work-related injuries and illnesses 

• Conduct required workplace tests such as air sampling 

 

Worker Rights and Protections 

1. Right to a Safe Workplace 

Texas workers have comprehensive rights under federal OSHA, including: 

• The right to a workplace free from recognized hazards 

• The right to receive workplace safety training in an understandable language 

• The right to work with safe machines and equipment 

• The right to receive required safety equipment and personal protective gear 

• The right to be protected from dangerous chemicals 

 

2. Right to Refuse Unsafe Work 

Workers in Texas have the legal right to refuse to perform work in unsafe environments. This right is protected when all of the following conditions are met: 

• The worker has asked the employer to eliminate the danger, and the employer failed to do so 

• The worker refused to work in “good faith” – genuinely believing imminent danger exists 

• A reasonable person would agree there is real danger of death or serious injury 

• There isn’t enough time to get the hazard corrected through regular enforcement channels 

 

4. Reporting and Complaint Rights 

Texas workers can: 

• File confidential complaints with OSHA to request workplace inspections 

• Report unsafe conditions to the TDI-DWC Safety Violations Hotline at 800-452-9595 

• Speak privately with OSHA inspectors during workplace inspections 

• Request copies of workplace medical records and injury logs 

 

5. Protection from Retaliation 

It is illegal for employers to retaliate against workers who report unsafe working conditions or exercise their OSHA rights. Workers who face retaliation can file whistleblower complaints with OSHA within 30 days of the alleged reprisal. 

 

Texas-Specific Programs and Resources 

1. OSHCON Consultation Program 

The Occupational Safety and Health Consultation (OSHCON) program provides free and confidential consultation services to private Texas employees through the Texas Department of Insurance, Division of Workers’ Compensation. This program helps small and medium-sized businesses: 

• Identify workplace hazards 

• Implement appropriate safety programs 

 

2. Achieve OSHA compliance 

• Receive professional safety and health consultation at no cost 

• Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) 

TDI-DWC plays a crucial role in Texas workplace safety by: 

• Operating the Safety Violations Hotline (800-452-9595) for reporting unsafe conditions 

• Providing free safety training resources and publications 

• Coordinating with OSHA on workplace safety initiatives 

• Administering the OSHCON consultation program 

 

OSHA Inspection Process in Texas 

1) OSHA Office Locations 

Texas has nine dedicated federal OSHA offices strategically located throughout the state: 

• Austin Area Office 

• Corpus Christi Area Office 

• Dallas Area Office 

• El Paso Area Office 

• Fort Worth Area Office 

• Houston North Area Office 

• Houston South Area Office 

• Lubbock Area Office 

• San Antonio Area Office 

 

2) Inspection Priorities 

OSHA prioritizes inspections in the following order: 

• Imminent danger situations – Hazards that could cause death or serious harm 

• Severe injuries and illnesses – Fatalities, hospitalizations, amputations, loss of eye 

• Worker complaints – Employee allegations of hazards or violations 

• Referrals from other agencies, individuals, or organizations 

• Targeted inspections – High-hazard industries or workplaces with high injury rates 

• Follow-up inspections – Verification of violation corrections 

 

Three-Phase Inspection Process 

Phase 1: Opening Conference 

• OSHA inspector presents credentials and explains inspection scope 

• Discussion of records needed (safety programs, training records, OSHA 300 logs) 

• Opportunity for employer questions 

Phase 2: Walkaround 

• Physical inspection of workplace conditions and processes 

• Employee interviews (conducted privately) 

• Documentation through photographs and notes 

• Review of injury/illness records 

Phase 3: Closing Conference 

• Discussion of findings and potential violations 

• Explanation of possible employer responses 

• Information about consultation services and employee rights 

 

3) Penalties and Citations 

2025 OSHA Penalty Structure 

The Department of Labor adjusts OSHA penalties annually for inflation. Current maximum penalties effective January 15, 2025, include: 

Violation Type	Penalty Range
De Minimis	Warning only (no fine)
Other-than-Serious	Up to $16,550 per violation
Serious	Up to $16,550 per violation
Willful	$11,823 to $165,514 per violation
Repeated	Up to $165,514 per violation
Failure to Abate	$16,550 per day until corrected

 

Citation Requirements 

When OSHA issues citations, employers must: 

• Post copies at or near the violation location for three days or until corrected 

• Respond in writing within the timeframe specified 

• Take corrective action to address identified hazards 

 

Factors Affecting Penalties 

OSHA may adjust penalties based on: 

• Gravity of the violation 

• Employer size 

• History of previous violations 

• Good faith efforts to comply with OSHA requirements 

 

Mandatory Reporting Requirements 

Incident Reporting Deadlines 

All Texas employers, regardless of size or industry, must report to OSHA: 

• Work-related fatalities: Within 8 hours of knowledge 

• Work-related inpatient hospitalizations: Within 24 hours of knowledge 

• Amputations: Within 24 hours of knowledge 

• Loss of an eye: Within 24 hours of knowledge 

How to Report 

Employers can report incidents by: 

• Calling the nearest OSHA Area Office during business hours 
• Using the 24-hour OSHA hotline: 800-321-OSHA (6742) 
• Filing electronically through OSHA’s online reporting system 

Recordkeeping Requirements 

Employers with more than 10 employees in higher-hazard industries must maintain OSHA injury and illness records using Form 300. Certain low-hazard industries are exempt from routine recordkeeping requirements. 

 

Healthcare Facility Requirements 

Workplace Violence Prevention 

Texas healthcare facilities must comply with Health and Safety Code Chapter 331, which became effective September 1, 2023. Requirements include: 

Mandatory Committee Formation 

Healthcare facilities must establish workplace violence prevention committees including: 

• At least one registered nurse providing direct patient care 

• One physician providing direct care (if applicable) 

• One security employee (if available and practicable) 

Written Prevention Plans 

Plans must address: 

• Procedures and safety measures based on practice setting 

• Workplace violence definitions 

• Annual training and education requirements 

• Systems for responding to and investigating incidents 

Applicable Facilities 

The law covers: 

• Licensed hospitals and state-run hospitals 

• Home health agencies with at least two registered nurses 

• Licensed nursing facilities with at least two registered nurses 

• Licensed ambulatory surgical centers 

• Freestanding emergency medical care facilities 

• Licensed mental hospitals 

 

Compliance Best Practices 

Developing Safety Programs 

While not required by OSHA, comprehensive safety and health programs effectively prevent injuries and ensure compliance. Key elements include: 

• Regular workplace hazard assessments 

• Employee safety training programs 

• Clear safety policies and procedures 

• Incident investigation and corrective action processes 

• Management commitment to safety culture 

 

Training Requirements 

Employers should provide: 

• OSHA 10-Hour or 30-Hour training for construction workers 

• Industry-specific safety training based on workplace hazards 

• Hazard communication training for chemical exposures 

• Personal protective equipment training 

• Emergency response training 

 

Documentation and Record Keeping 

Maintain comprehensive records of: 

• Safety training provided to employees 

• Workplace inspections and hazard assessments 

• Incident investigations and corrective actions 

• Safety committee meetings and decisions 

• Required OSHA injury and illness logs 

 

Resources and Assistance 

Free Consultation Services 

OSHCON Program: Contact 800-252-7031 or visit www.txoshcon.com for free, confidential workplace safety consultation. 

Safety Training Resources 

The Texas Department of Insurance, Division of Workers’ Compensation offers: 

• Free online safety videos 

• OSHA-authorized training courses 

• Customized onsite workplace safety training 

• Safety and health publications 

Emergency Contacts 

• OSHA 24-Hour Hotline: 800-321-OSHA (6742) 

• TDI-DWC Safety Violations Hotline: 800-452-9595 

• DWC Workplace Safety: 800-687-7080 

 

Conclusion 

Texas OSHA laws provide comprehensive protection for private sector workers through federal standards enforced by nine regional OSHA offices. While the state lacks its own OSHA plan, Texas supplements federal requirements with state-specific laws addressing workplace safety, workers’ compensation, and healthcare facility violence prevention. Employers must understand their obligations under both federal OSHA standards and Texas state laws, while workers should be aware of their rights to safe workplaces, hazard reporting, and protection from retaliation. The combination of federal