Texas operates under federal OSHA jurisdiction. Unlike 22 states that administer their own approved OSHA plans, Texas has no state-level OSHA program — meaning every contractor operating in the state answers directly to the U.S. Occupational Safety and Health Administration under 29 CFR 1910 (General Industry) and 29 CFR 1926 (Construction).
For Texas contractors, this has practical consequences. Federal OSHA’s Area Offices in Dallas, Houston, Austin, and Lubbock handle enforcement across the state, and citation penalties have increased significantly over the past several years due to federal inflation adjustments.
Current OSHA Penalty Levels (2026)
OSHA adjusts its maximum civil penalty levels annually based on the Consumer Price Index. As of 2026:
- Serious violations: Up to $16,131 per violation
- Other-than-serious violations: Up to $16,131 per violation
- Willful or repeat violations: Up to $161,323 per violation
- Failure to abate: Up to $16,131 per day beyond the abatement deadline
A “serious” violation exists when there is a substantial probability that death or serious physical harm could result from the hazard — and OSHA knew or should have known about it. Most citations issued to contractors fall into this category.
The Standards That Apply Most Often
OSHA data consistently shows that the same standards generate the most citations year after year. For construction contractors in Texas, the most frequently cited standards include:
- Fall Protection (29 CFR 1926 Subpart M) — OSHA’s most-cited standard nationally for over a decade. Contractors must provide fall protection at heights of 6 feet or more in construction. Common violations include missing guardrails, improperly used personal fall arrest systems, and lack of a written fall protection plan.
- Hazard Communication (1910.1200) — Employers must maintain Safety Data Sheets (SDS) for every hazardous chemical present in the workplace and ensure workers are trained on chemical hazards before first exposure.
- Scaffolding (1926 Subpart L) — Scaffolds must be erected, moved, dismantled, or altered only under the supervision of a qualified person. Planking must be able to support four times the maximum intended load.
- Respiratory Protection (1910.134) — When engineering controls cannot adequately control airborne contaminants, a written respiratory protection program is required, including medical evaluations and fit testing.
- Lockout/Tagout (1910.147) — The control of hazardous energy is required any time workers perform maintenance or service on equipment that could unexpectedly energize. A written energy control procedure is required for each specific piece of equipment.
- Powered Industrial Trucks (1910.178) — Forklift operators must be trained and evaluated by a qualified person. Certification must be current and site-specific.
Recordkeeping Requirements
Employers with 10 or more employees (with some exceptions for low-hazard industries) must maintain OSHA injury and illness records on Form 300. Key requirements:
- OSHA 300 Log: Record each work-related injury or illness that results in days away from work, restricted duty, transfer, medical treatment beyond first aid, loss of consciousness, or diagnosis of a significant injury by a licensed healthcare professional.
- OSHA 301 Incident Report: Complete within seven calendar days of learning of a recordable incident.
- OSHA 300A Annual Summary: Post from February 1 through April 30 each year, signed by a company executive.
- Electronic submission: Establishments with 100 or more employees in high-hazard industries must submit their 300A data electronically to OSHA’s Injury Tracking Application (ITA) by March 2 each year.
Fatality and Hospitalization Reporting
OSHA requires employers to report all work-related fatalities within 8 hours and all in-patient hospitalizations, amputations, or losses of an eye within 24 hours. Failure to report is itself a violation. Reporting is done by calling 1-800-321-OSHA or visiting the nearest OSHA Area Office.
The General Duty Clause
Section 5(a)(1) of the OSH Act — the General Duty Clause — requires employers to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm, even when no specific standard addresses the hazard. OSHA uses the General Duty Clause to cite heat illness, workplace violence, and other emerging hazards for which no specific standard yet exists.
Heat illness in Texas: OSHA has used the General Duty Clause to pursue heat-related citations in Texas, where outdoor summer temperatures regularly exceed 100°F. A heat illness prevention plan, access to water and shade, and acclimatization procedures for new workers are expected by OSHA inspectors reviewing outdoor worksites in Texas.
What Triggers an OSHA Inspection
OSHA prioritizes inspections in the following order:
- Imminent danger situations — when death or serious injury could occur immediately
- Fatalities and catastrophes — required reporting triggers an inspection
- Complaints — filed by workers, anonymously or otherwise
- Referrals — from other agencies, media, or other employers
- Follow-up inspections — to verify abatement of previously cited violations
- Planned or programmed inspections — targeted at high-hazard industries
Texas construction has seen increased OSHA activity due to the volume of large-scale projects and the associated fatality rates.
What to Do If OSHA Arrives
If an OSHA compliance officer arrives at your jobsite unannounced:
- You may request a brief delay to allow a company representative to be present.
- You have the right to accompany the compliance officer during the inspection (the “walkaround”).
- Take your own notes and photographs of everything the compliance officer photographs.
- Do not sign anything on the day of the inspection.
- Contact legal counsel and your safety consultant immediately.
Freedom Safety provides pre-inspection preparation through jobsite audits and OSHA response support, and helps Texas contractors stay ahead of inspections before they happen.
Freedom Safety is a veteran-owned outsourced safety department serving Texas and Oklahoma contractors. We handle OSHA compliance, ISNetworld management, jobsite audits, and training — at a fraction of the cost of a full-time hire. Call (972) 413-8635 or visit freedomsafety.net for a free safety review.