Is Texas an OSHA ‘state’?

If you are injured at work in Texas OSHA regulations may apply.

Are Occupational Safety and Health Administration (OSHA) regulations enforced in Texas?

As an injured worker in Texas OSHA regulations may apply.

Texas is considered a 'Federal OSHA State' with no 'State Plan". Enforcement and Regulations are done at the federal level.

The short answer is that if you work as a private sector employee, or non government or public company, OSHA regulations should apply to your workplace.

If you are employed by a local or state government jurisdiction, OSHA regulations cannot be enforced.

Remember if you are a independent contractor (such as IT or construction) working for a local or state government contract, your job should be covered by OSHA.

How do I check if OSHA rules apply to my job?

You may call OSHA by phone at 800-321-6742 (OSHA) or contact a local Texas OSHA field office.

If my job is covered by OSHA what should my employer do?

In the state of Texas if your job is covered by OSHA your employer has the responsibility to do the following:

Provide a safe workplace free from serious recognized hazards and comply with rules and regulations issued under the OSHA act.
Make sure you have safe tools and equipment and properly maintain the equipment.
Examine the workplace and ensure they meet OSHA standards.
Provide safety training in an language and vocabulary you can understand.
Have a written hazard communication plan for employees who work with hazardous chemicals
Post, in a prominent location within the workplace, the OSHA poster informing you of your rights and responsibilities under OSHA

If a workplace safety issue or violation exists, how do I report the violation to OSHA?

What is the phone number for OSHA?

To report a workplace safety issue, violation or to file a safety and health complaint you may contact OSHA by phone at at 800-321-6742 (OSHA), in person or online.

What to do if you are injured at an OSHA workplace in Texas

By law if you are seriously injured at work your employer has 24 hours to notify OSHA. Examples of serious injuries include hospitalization, amputation or loss of an eye.

Less severe injuries may be required to be reported and documented as well. These injuries may be documented in what is referred to as a OSHA 300 log. This is a document recording all injuries at your workplace. It is your right as a worker to view or inspect this log.

If injured you only have six months to report your injury to OSHA.

Under workers’ compensation in Texas you must report your injury to your employer within 30 days.

Read this blog on what to do after being injured at w ork in Texas.

If you are unsure if your workplace is covered by OSHA or if you should report your injury always do so! When in doubt OSHA can assist you with this process, always report.

What is my Employer Responsible for under OSHA?

A list of employer responsibilities under OSHA is available on the OSHA website.

What is the state of Texas doing to help job site safety?

Although OSHA regulations do not apply to many workers in Texas the state of Texas does offer some type of assistance for employers who wish to maintain safe workplaces.

The Occupational Safety and Health Consultation Program or OSHCON is a program administered by the Texas Department of Insurance (TDI).

This program is voluntary and provided at no cost to employers. In order to qualify you must do business in Texas and employ less than 250 people onsite.

OSHCON is not the same as US OSHA

From the TDI webpage:

“Although the consultation program was established by the same federal legislation that created OSHA, our services are completely separate from federal enforcement. OSHCON is a voluntary, non-regulatory program designed to help private Texas employers identify areas that do not meet OSHA safety and health standards. The OSHCON program does not issue citations or fines, but instead offers solutions for correcting hazards.”

In conclusion

Know your coverage status before an accident happens at work. Am I covered by OSHA? Am I covered by workers’ compensation? If you know or feel that something is not safe report it to your supervisor. If necessary report the issue to the TDI or OSHA. If you are punished for reporting an injury or workplace safety violation, laws exist to help and protect you.