• 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.
TABLE 1: VIOLATIONS OF SAFETY LAWS
TABLE 2: VIOLATIONS OF HAZARDOUS MATERIALS TRANSPORTATION LAWS
TABLE 1: VIOLATIONS OF SAFETY LAWS| Prohibited Act | Penalties |
| Hazard communication in agriculture: Employer's violation of the Agricultural Hazard Communication Act, including knowingly falsifying data or negligently failing to disclose a hazard to employees | Civil:TAgC 125.016(f):Up to $5,000 per day per violation |
| Hazard communication in agriculture: Employer's causing proximate injury to an individual by knowingly disclosing false hazard information or by knowingly failing to disclose hazard information to employees | Criminal:TAgC 125.016(g):Up to $25,000 |
| OSHA public sector: Employer violates rules for recordkeeping; failure to take action that poses a threat, substantial threat, or critical threat to employee safety and health | Administrative:25 TAC 295.11:Minor violation: up to $100Serious ... |
State Requirements
National | Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | National | New Hampshire | New Jersey | New York | North Carolina | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | Tennessee | Texas | Utah | Virginia | Washington | West Virginia | Wisconsin |Texas Enforcement Resources
| Type | Title |
|---|---|
| Checklists | Checklist: Do you have what it takes to argue your affirmative defense? |
| Forms | Notice of Alleged Health or Safety Hazards |
| Posters | Whistleblowers Are Protected (Cal/OSHA, PDF) |
| White Papers | Your guide to COVID-19 enforcement |