Onboarding new employees without proper training gets expensive in Texas, and the moment the job touches a chemical, a forklift or a time clock, federal rules start keeping score. Here is what they require in a new hire's first days. Hiring for a desk instead? Our guide to onboarding white collar workers covers the overtime and harassment rules that change.
| Duty | When it is due | Layer | Rule |
|---|---|---|---|
| Hazardous chemical training | At initial assignment, and again when a new chemical hazard arrives | Federal | OSHA, 29 CFR 1910.1200(h) |
| Protective equipment training | Before any work that requires the gear, once the new hire shows they understand it | Federal | OSHA, 29 CFR 1910.132(f) |
| Forklift operator training | Trained and evaluated before driving, except as a supervised trainee | Federal | OSHA, 29 CFR 1910.178(l) |
| Pay for training time | Counted as work unless all four exceptions are met | Federal | FLSA, 29 CFR 785.27 |
| Form I-9, Section 2 | Within three business days of the hire | Federal | 8 CFR 274a.2 |
Is it illegal to onboard new employees without proper training?
It depends on the job, and safety is where the law gets specific. The federal Occupational Safety and Health Act requires every private sector employer to provide a safe workplace, and OSHA's training rules are written hazard by hazard: chemicals, protective equipment, forklifts and many more.
Showing is not the same as training. OSHA's 2010 policy statement says required training must be presented in a manner employees can understand, in a language and vocabulary they understand. Handing the binder to someone who cannot read it does not count.
When we put this question to six AI assistants, one pointed Texas shops to the Texas Hazard Communication Act. That act applies only to employers who are not required to comply with OSHA's standard, so a private shop under federal OSHA follows the federal rule.
"It is the Agency's position that, regardless of the precise regulatory language, the terms 'train' and 'instruct,' as well as other synonyms, mean to present information in a manner that employees receiving it are capable of understanding."
David Michaels, then Assistant Secretary of Labor for Occupational Safety and Health, in OSHA Training Standards Policy Statement, April 28, 2010
Do you have to pay new employees for training?
Usually, yes. Under the federal Fair Labor Standards Act, time a non-exempt employee spends in training counts as hours worked unless all four exceptions in the regulation are met: it happens outside regular hours, it is in fact voluntary, it is not directly related to the job, and no productive work happens during it. Miss one and the clock runs.
That covers the safety video you required them to watch at the kitchen table on Sunday night, and the shadow shift where the new hire bags orders while learning the counter. Training hours also count toward overtime: hours over 40 in a workweek are owed at one and a half times the regular rate. Put training on the timesheet, where it belongs, rather than on the honor system.
Unpaid training: the four exceptions, every one required
| Exception | What it requires | Layer |
|---|---|---|
| Timing | Attendance is outside the employee's regular working hours | Federal: 29 CFR 785.27(a) |
| Choice | Attendance is in fact voluntary | Federal: 29 CFR 785.27(b) |
| Subject | The course is not directly related to the employee's job | Federal: 29 CFR 785.27(c) |
| Output | The employee does no productive work while attending | Federal: 29 CFR 785.27(d) |
What happens if an untrained new hire gets hurt in Texas?
Texas lets most private employers choose whether to carry workers' compensation, and the choice decides what an injury costs. If a nonsubscriber is sued over a workplace injury, Texas Labor Code 406.033 removes three defenses: that the employee was negligent too, that the employee assumed the risk, or that a coworker caused it. The employee still has to prove the employer was negligent, and a skipped training that a rule required may be the kind of fact that proof leans on.
Subscribers play by different rules, so know which one you are before anything else. And when a new hire tells you nobody trained them on the saw, listen closely: under federal regulations, a good faith safety complaint made to the employer is protected, and firing or punishing someone for it is retaliation. An employee who believes they were punished has 30 days to file with OSHA. Treat that complaint as a work order, not an attitude.
How do you train a new hire on the floor with no HR department?
Split the first weeks into three tracks. Paperwork: the Form I-9, payroll forms and the offer letter terms. Safety: the hazards this job touches, taught before the first exposure, in the words the new hire uses. Skills: the actual work, shown, then done together, then done alone while someone checks.
Write each track down once and reuse it, so the fifth hire gets the same first week as the first. Name one person for questions, and set written expectations for days 30, 60 and 90 so both of you know what good looks like. Keep the sign-offs. For forklifts the certification is required, and it must list the operator, the training date, the evaluation date and who did each. Our guide to being ready to hire covers the weeks before day one, our guide to onboarding white collar workers covers the office side, and the hiring and keeping page covers the months after.
This is guidance, not legal advice. Call an employment lawyer after a serious injury at a nonsubscriber shop, before disciplining someone who raised a safety complaint, or when a regulator calls. If you want the first week built around your shop, tell us about it.
A first week training plan for a shop with no HR department
| When | Track | What happens | Proof you keep |
|---|---|---|---|
| Day one, first hour | Paperwork | Form I-9 Section 1, payroll forms, offer terms reviewed together | The signed forms, filed |
| Day one, before any task | Safety | Walk the space: exits, chemicals, required gear, who to tell when something is wrong | A dated sign-off listing what was covered |
| By day three | Paperwork | Form I-9 Section 2 completed, the new hire's documents examined | The completed form |
| Days one to three | Skills | Shadow the named person, then do the task with them watching | A short checklist of tasks shown |
| Before the forklift | Safety | Formal instruction, practice under direct supervision, evaluation in the workplace | The certification with names and dates |
| End of week one | Skills | Fifteen minutes: what is clear, what is not, what is next | Two lines of notes, dated |
Frequently Asked Questions
Can I fire a new hire for mistakes they were never trained to avoid?
Texas follows at-will employment, so absent an agreement saying otherwise, a job can generally end for any reason that is not unlawful, such as discrimination or retaliation for a safety complaint. Before you act, check whether the mistake traces back to training a rule required, and call an employment lawyer if the new hire recently complained.
Does the Texas Hazard Communication Act apply to my shop?
Probably not for training. Its employer duties apply only to employers who are not required to comply with OSHA's hazard communication standard. A private shop covered by federal OSHA trains under 29 CFR 1910.1200, which requires training at initial assignment and whenever a new chemical hazard is introduced.
Does a new hire have to be evaluated before driving a forklift?
Yes. Under federal OSHA's rule, an operator must complete formal instruction, practical training and an evaluation of their performance in the workplace before operating alone. Trainees may drive only under direct supervision where it endangers no one. The employer certifies the training, and each operator is evaluated again at least once every three years.
About Onboarding Without Proper Training
- OSHA: training requirements and resources
- OSHA Training Standards Policy Statement, 2010
- 29 CFR 785.27: when training time is unpaid
- TWC: OSHA basics for Texas employers
- Texas Labor Code Chapter 406: workers' compensation coverage
Sources: OSHA, Training, OSHA Training Standards Policy Statement, 29 CFR 1910.1200, 29 CFR 1910.132, 29 CFR 1910.178, 29 CFR 785.27, 8 CFR 274a.2, 29 CFR 1977.9, 29 U.S.C. 660, Texas Workforce Commission, OSHA, Texas Workforce Commission, Wrongful Discharge, Texas Labor Code 406.002 and 406.033, Texas Health and Safety Code 502.004, U.S. Department of Labor, FLSA