OSHA Law Attorneys in Frisco

OSHA inspections can be triggered by several things. Programmed inspections target high-hazard industries and are conducted on a scheduled basis. Unprogrammed inspections are initiated by employee complaints, referrals from other agencies, follow-up from prior violations, or in response to a reported workplace accident or fatality. OSHA is also required to investigate all reported fatalities and any incidents resulting in the hospitalization of three or more employees.

An employer can require OSHA to obtain a warrant before conducting an inspection, which is a constitutional right under the Fourth Amendment. However, exercising this right can affect the tone and scope of the investigation that follows. In most cases, the more practical approach is to have legal counsel present from the start and manage the inspection actively rather than refusing entry outright. An attorney can advise you on the right approach based on your specific circumstances.

After an inspection, OSHA has six months to issue citations. Once issued, an employer has 15 working days to contest the citation. Failing to contest within that window makes the citation final and the penalty due. If you contest, the matter goes to the Occupational Safety and Health Review Commission, where it can be litigated or settled. An attorney can assess whether contesting makes sense and handle the process if it does.

OSHA penalties are adjusted periodically for inflation. Serious violations, other-than-serious violations, and posting violations can each result in penalties up to tens of thousands of dollars per violation. Willful or repeated violations carry significantly higher penalties, up to hundreds of thousands of dollars per violation. Criminal penalties are also possible in cases involving willful violations that result in a worker’s death.

Texas is a federal OSHA state, meaning the federal Occupational Safety and Health Administration has jurisdiction over most private employers in Texas. Texas does not have a state-run OSHA plan for private sector employers, though state and local government employees are covered separately. Most private businesses operating in Texas with one or more employees are subject to federal OSHA requirements.

Yes. Texas is one of the few states where employers can opt out of workers’ compensation insurance, and non-subscriber employers face different legal exposure when employees are injured on the job. Our attorneys handle non-subscriber claims and the litigation that can follow workplace accidents, in addition to OSHA defense work. See our Catastrophic Injury page for more on workplace injury representation.