Texas Health and Safety Code 502.011 – Complaints and Investigations
(a) The department or the department’s representative shall investigate in a timely manner a complaint received in writing from an employee or an employee’s designated representative relating to an alleged violation of this chapter by an employer.
(b) A complaint received from a person relating to an alleged violation shall be referred to the federal Occupational Safety and Health Administration (OSHA) or to the federal Mine Safety and Health Administration (MSHA) if the complaint is related to an applicable OSHA or MSHA requirement and the applicable OSHA or MSHA standard is in effect. The department or the department’s representative shall investigate the complaint if:
(1) the applicable OSHA or MSHA standard is not in effect; or
(2) the complaint is based on a requirement of this chapter.
Terms Used In Texas Health and Safety Code 502.011
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) On presentation of appropriate credentials, a department representative may enter a workplace at reasonable times to inspect and investigate complaints.
(d) The department may find multiple violations by an employer based on distinct requirements of this chapter.