Workplace Safety Rights in Texas: OSHA & State Protections

The Occupational Safety and Health Act of 1970 (OSH Act), codified at 29 U.S.C. § 654, is the primary federal law protecting workplace safety in Texas. Section 5(a) of the OSH Act, known as the "General Duty Clause," requires employers to provide employees with a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm."

The OSH Act applies to virtually all private employers with one or more employee in Texas. Certain industries are exempt or covered under alternative federal regimes (rail, maritime, and federal employees are handled separately).

Federal OSHA sets specific safety standards across numerous industries through the Code of Federal Regulations (CFR Title 29). Examples include standards for construction, healthcare, manufacturing, electrical work, fall protection, hazard communication, and bloodborne pathogen exposure. Employers must comply with these standards or face citations and penalties.

Under 29 U.S.C. § 660(c), employees have the right to file a complaint with OSHA alleging a violation. OSHA can then conduct an inspection at no cost to the employee. Employees may also request an inspection if they believe a hazard exists. Under 29 U.S.C. § 664, employees are protected from retaliation for reporting safety violations, refusing unsafe work when facing imminent danger, or participating in OSHA investigations.

Employers must maintain injury and illness records as required by 29 CFR § 1904 (for employers with 10 or more employees), display OSHA posters in the workplace, and provide workers' compensation insurance in most states. Remedies for violations include OSHA citations, civil penalties (currently up to $10,338 per violation for non-willful violations; $20,676 for willful or repeated violations), and in cases of criminal negligence resulting in death, criminal prosecution. The OSHA hotline is 1-800-321-OSHA (6742).

Texas does not operate its own state OSHA program. Instead, the state is under the exclusive jurisdiction of federal OSHA, administered by the U.S. Department of Labor. This means that workplace safety standards, enforcement, and employee protections in Texas are governed entirely by federal law rather than state-specific statutes.

Since Texas has no state OSHA program, there is no separate state agency that issues safety standards or conducts workplace inspections. Federal OSHA regional offices covering Texas conduct all enforcement activities. The nearest OSHA regional office for most of Texas is the Fort Worth Area Office (4300 Amon Carter Boulevard, Suite 407, Fort Worth, TX 76155; 817-885-7674).

One important distinction: while Texas lacks a state OSHA program for private employers, Texas does operate the Texas Division of Workers' Compensation under the Texas Labor Code. This agency handles workers' compensation claims, which is separate from OSHA safety enforcement. Workers' compensation in Texas is required for most employers and provides medical and wage replacement benefits for work-related injuries, but it does not replace OSHA's role in setting and enforcing safety standards.

Additionally, Texas courts have recognized common law tort remedies for workplace injuries caused by employer negligence, including negligence claims and, in limited cases, intentional misconduct claims. However, workers' compensation is the exclusive remedy in most contexts, preventing employees from suing their employers in civil court for workplace injuries. Texas also recognizes the "at-will" employment doctrine, meaning employers can generally terminate employees for any reason unless there is a contract, statute, or public policy exception. This means that while OSHA protects employees from retaliation for reporting safety violations, other employment decisions remain subject to at-will employment principles.

For hazardous substances, Texas employers must comply with federal OSHA's Hazard Communication Standard (29 CFR § 1200), which requires employers to label chemicals and provide Safety Data Sheets (SDS) to workers. There is no separate Texas state right-to-know law that provides additional protections beyond federal OSHA requirements.

30 days: statute of limitations to file an OSHA complaint (from discovery of the violation or when the employee knew or should have known of it).

10 employees: threshold at which an employer generally must maintain OSHA injury and illness records (Form 300 log) under 29 CFR § 1904.

1 employee: minimum employer size covered by federal OSHA in Texas (nearly all private employers with one or more employee are covered).

$10,338 per violation: current federal penalty for non-willful OSHA violations (2024 adjustment; amount changes annually).

$20,676 per violation: current federal penalty for willful or repeated violations (2024 adjustment).

180 days: statute of limitations for retaliation complaints under 29 U.S.C. § 660(c)(2) and OSH Act section 13(a).

Federal OSHA exempts certain categories of employers and workers from coverage. Self-employed individuals are not covered by OSHA, nor are family members employed in a family business. Federal employees are covered under a separate federal program (OSHA for Federal Employees and Contractors, which mirrors federal OSHA but is administered differently). State and local government employees in Texas are not covered by federal OSHA; however, Texas has no separate state OSHA program for public sector workers, creating a significant coverage gap for government employees.

Airlines and railroads are covered under separate federal safety regimes (Federal Aviation Administration and Federal Railroad Administration) rather than OSHA. Maritime workers are covered under maritime-specific regulations. Indian tribes may develop their own OSHA programs. Coal miners are covered under the Mine Safety and Health Administration (MSHA) rather than OSHA.

Importantly, the General Duty Clause protection ("free from recognized hazards") requires that a hazard be "recognized"—meaning the employer knew or should have known of it. Employers may argue that a particular hazard was not recognized in their industry or by their company at the time, which can limit liability for violations not covered by specific OSHA standards.

OSHA standards are not absolute strict liability requirements. Employers have an affirmative defense if they can demonstrate that: (1) the hazard was not foreseeable; (2) the standard is not applicable to the facts of the situation; or (3) they took all feasible precautions to address the hazard. Additionally, employees assume certain risks inherent to their job; employers are not liable for hazards that are entirely outside their control or for employee misconduct or failure to follow safety procedures despite proper training and enforcement.

The right to refuse unsafe work under the OSH Act is limited. An employee can refuse to work only if: (1) there is an objectively reasonable belief that the work creates imminent danger of death or serious bodily injury; (2) the employee has asked the employer to correct the hazard and been refused; and (3) doing the work would not create a greater hazard than not doing it. A mere disagreement about safety or subjective discomfort does not justify refusal. The employee cannot simply walk off the job without legal protection; they must protest the hazardous condition first.

Step 1 — Document the Hazard: Immediately begin documenting the unsafe condition or practice. Take photos or videos if possible (without violating security protocols). Record dates, times, locations, and specific details of the hazard—what is unsafe about it, who may be exposed, and what harm could result. Save emails, text messages, or written complaints you send to supervisors or managers describing the hazard. Keep copies of safety data sheets (SDS), training materials, or incident reports related to the issue. Document any injuries or near-misses that result from the hazard. This documentation creates a timestamped record and is critical if you later need to prove the employer was aware of the hazard or that retaliation occurred.

Step 2 — Raise the Issue Internally: Report the hazard to your direct supervisor, safety manager, or HR department in writing (email is best because it creates a record). Clearly describe what is unsafe, where it is located, and what the risk is. Ask the employer to correct it and request a written response. Keep copies of this communication. Give the employer a reasonable opportunity to address the issue—typically 5 to 10 business days. If the hazard creates imminent danger (risk of death or serious injury), report it immediately to your supervisor and to facility management. If you believe the employer is not taking the hazard seriously or is ignoring your complaint, document that response (or lack thereof). Internal reporting is important because it: (1) gives the employer notice, (2) demonstrates good faith on your part, (3) creates evidence of the hazard's existence, and (4) may make the employer more likely to correct the issue voluntarily before OSHA becomes involved.

Step 3 — File an OSHA Complaint: If the hazard is not corrected or if you face retaliation for reporting it, file a formal complaint with federal OSHA. In Texas, OSHA complaints are filed with the U.S. Department of Labor OSHA regional office (Fort Worth Area Office: 4300 Amon Carter Boulevard, Suite 407, Fort Worth, TX 76155; 817-885-7674 or https://www.osha.gov/). You can file a complaint online at https://www.osha.gov/workers/file-complaint or by phone, email, or in person. You may also call 1-800-321-OSHA (6742) to file over the phone or request a form by mail.

The complaint deadline is 30 days from the date you discovered (or reasonably should have discovered) the hazard or violation. If you file after 30 days, OSHA may refuse to investigate, so act quickly. When filing, provide: your name, address, and phone number; the employer's name, address, and phone number; a detailed description of the hazard (be specific—e.g., "electrical outlet with exposed wiring in breakroom," not "bad safety"); the approximate date you discovered it; which employees are exposed and how many; whether you have reported it to your employer; and whether you have contacted OSHA before about this employer. You may request that your name be kept confidential (OSHA will mark it as a "confidential complaint"), which limits but does not eliminate the employer's knowledge of who filed.

Step 4 — OSHA Investigation Process: After receiving your complaint, OSHA will determine whether to conduct an inspection. If the hazard poses imminent danger or affects many workers, OSHA may inspect quickly (sometimes within days). For routine complaints, the inspection may take weeks or months to schedule. When OSHA arrives, an Compliance Safety and Health Officer (CSHO) will conduct an unannounced inspection of the workplace. The CSHO will examine the hazard you reported, interview employees (including you, if you are still employed there), and review employer records such as injury logs and safety training documents.

During the investigation, you may be contacted by the CSHO for a statement. You are not required to speak with the CSHO, but doing so is generally advisable to ensure your account is included in the investigation. CSHO interviews are typically confidential (the employer does not learn your identity), especially if your complaint was confidential. The CSHO will also meet with the employer and give them an opportunity to respond to the allegations. The investigation typically takes 2 to 4 weeks but can take longer in complex cases.

If OSHA finds a violation, it will issue a citation to the employer specifying the violated standard, the hazard, and a deadline for correction (typically 30 to 45 days, depending on severity). The employer may contest the citation by requesting a hearing before the Occupational Safety and Health Review Commission (OSHRC), an independent federal agency. If the employer contests, the dispute may be resolved through settlement negotiations, mediation, or a hearing, which can extend the timeline to months or years. If OSHA finds no violation, it will close the complaint. You have a right to request an informal review if you disagree with OSHA's conclusion.

Step 5 — When to Consult an Attorney: Consult an attorney experienced in workplace safety and OSHA law if: (1) you face retaliation (demotion, pay cut, schedule reduction, negative performance review, threats, or termination) after reporting the hazard; (2) the employer interferes with your OSHA complaint or investigation (e.g., threatens to fire you if you speak to the CSHO); (3) OSHA finds a violation but the employer's corrective action is inadequate or incomplete; (4) you believe your complaint was ignored or you disagree with OSHA's decision to not investigate; (5) you are injured by the hazard after reporting it; or (6) you need assistance drafting a formal written complaint, appeal, or legal claim.

An OSHA retaliation attorney can file a 30-day retaliation complaint on your behalf under 29 U.S.C. § 660(c)(2), which protects employees from adverse employment action for reporting safety violations. An employment attorney can also explore state tort claims (negligence, gross negligence) or workers' compensation claims if you were injured. Many attorneys work on contingency (no upfront cost; they take a percentage of settlement or judgment), so initial consultations are often free. Contact the Texas Bar Association's Lawyer Referral Service or search for OSHA attorneys in your area.