Texas (Federal OSHA)
Texas has no state OSHA plan, so federal OSHA sets and enforces the safety rules for private employers. Texas has one of the largest construction workforces in the country and regularly has among the highest numbers of construction deaths, many from falls, struck-by incidents and heat.
- Construction
- General Industry
- Texas
At a glance
| Safety agency | Federal OSHA, Region 6 (Dallas), with area offices across the state |
|---|---|
| Covers | Private employers. State and local government workers aren’t covered by OSHA in Texas. |
| Rules | Federal standards: 29 CFR 1926 (construction) and 1910 (general industry) |
| Free employer help | Texas OSHCON, run by the Texas Department of Insurance, Division of Workers’ Compensation |
| Workers’ comp | Optional for most private employers |
Workers’ compensation is optional
Texas is the only state where most private employers can choose not to carry workers’ comp. These employers are called nonsubscribers.
- Your employer must tell you whether it has coverage.
- If your employer is a nonsubscriber and its negligence caused your injury, you may be able to sue, and the employer loses some defenses. Some nonsubscribers have their own injury benefit plans instead.
- Contractors on government construction projects must provide coverage for workers on the project.
- If you’re covered, report the injury to your employer within 30 days and file a claim with the Division of Workers’ Compensation within 1 year.
- Firing someone for filing a workers’ comp claim in good faith is illegal under Texas law.
See Texas Worker Rights and Filing a Workers’ Comp Claim.
Heat
Texas has no state heat illness rule, and a 2023 state law stops cities from requiring their own water breaks for construction workers. Federal OSHA can still cite employers for serious heat hazards under the General Duty Clause, and it runs a heat emphasis program. Insist on water, rest and shade. See Heat Illness Rules by State.
Public employees
City, county, school district and state workers in Texas aren’t covered by federal OSHA. Some state laws still help, such as the Texas Hazard Communication Act, which requires public employers to tell workers about the hazardous chemicals they use. Ask your employer’s safety or risk management office.
Report, complain and get help
- Severe injuries: employers must report a death within 8 hours, and an in-patient hospitalization, amputation or loss of an eye within 24 hours, to federal OSHA.
- Safety complaints: file with federal OSHA online or at 1-800-321-OSHA (6742).
- Retaliation: file with OSHA within 30 days. See Whistleblower Protection.
- Unpaid wages: Texas Workforce Commission, generally within 180 days.
- Free consultation: small employers can get a confidential OSHCON visit that doesn’t lead to citations. See Free OSHA On-Site Consultation.
Your first-week checklist in Texas
- Ask whether your employer carries workers’ comp, and get the answer in writing
- Know the jobsite address for 911 and where the nearest hospital is
- Find out the plan for hot days: where the water, shade and rest breaks are
- Save federal OSHA’s number: 1-800-321-OSHA (6742)
- Keep your own log of hours worked and save every pay stub
Note: This page is a summary. Laws change; check the agencies below for current rules.
Standards & references
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