Comparison: State vs. Federal
• Rules.Texas is not a "state-plan" state; in other words, its occupational safety and health program has not been approved by federal OSHA. Therefore, in the private sector (private businesses and nonprofit organizations), the federal OSH Act preempts state laws regarding safety and health. The state has adopted penalties that are stricter than federal penalties for agricultural employers that violate hazard communication rules.
• Administration and enforcement. OSHA administers and enforces workplace safety and health standards in the private sector. DSHS administers the hazard communication program for public sector workplaces. TDA and TDH enforce farmworker health and safety rules. DPS administers and enforces the rules for the transportation of hazardous materials by motor carriers.