osha general duty clause

3 min read 18-03-2025

The Occupational Safety and Health Act of 1970 established the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for workers by setting and enforcing standards and by providing training, outreach, education and assistance. A cornerstone of OSHA's authority is the General Duty Clause, a vital piece of legislation that protects employees from workplace hazards. This article will delve into the intricacies of this clause, its application, and its significance for both employers and employees.

What is the OSHA General Duty Clause?

The General Duty Clause, found in Section 5(a)(1) of the OSH Act, states that each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. Simply put, it mandates that employers provide a workplace free from hazards that are generally known to be dangerous. This is a broad mandate designed to cover hazards not specifically addressed by OSHA's more specific standards.

Key Components of the General Duty Clause:

Employer Responsibility: The clause places the primary responsibility for workplace safety squarely on the employer's shoulders. They must proactively identify and mitigate hazards.
Recognized Hazards: The hazard must be "recognized" – meaning it's known within the industry or by safety professionals as a potential danger. This isn't limited to only explicitly documented dangers.
Death or Serious Physical Harm: The hazard must be capable of causing death or serious physical harm. Minor injuries or discomfort generally don't fall under the clause.
Feasible Abatement: Employers are not required to eliminate every conceivable risk. The abatement (correction) of the hazard must be feasible, meaning it's reasonably achievable given the available technology and resources.

How Does the General Duty Clause Work in Practice?

OSHA enforces the General Duty Clause through investigations of workplace accidents and complaints. If an inspector finds a hazard that violates the clause, they will issue a citation. The citation will detail the violation, the necessary corrective actions, and potential penalties. The severity of the penalty depends on factors like the gravity of the hazard, the employer's history of violations, and the employer's good faith efforts to correct the hazard.

Examples of General Duty Clause Violations:

Exposure to hazardous chemicals without proper PPE or ventilation: If a known hazardous chemical is present without adequate safety measures, this could be a violation.
Inadequate machine guarding: Machines with exposed moving parts pose a serious risk, and a lack of proper guarding is a potential violation.
Unsafe working surfaces: Slippery floors, damaged scaffolding, or improper lighting can all create hazards covered by the clause.
Failure to provide adequate training: A lack of proper training on the safe operation of equipment or the handling of hazardous materials is a significant safety concern.

Common Questions Regarding the General Duty Clause

Q: What if there's no specific OSHA standard for a particular hazard?

A: The General Duty Clause covers hazards not explicitly addressed by specific OSHA standards. It serves as a safety net to protect workers from a broad range of potential dangers.

Q: How does OSHA determine if a hazard is "recognized"?

A: OSHA considers industry practices, expert opinions, and readily available safety information when determining whether a hazard is recognized. Evidence of industry best practices or previous accidents related to the hazard can all play a role.

Q: What penalties can an employer face for violating the General Duty Clause?

A: Penalties can range from several hundred dollars to thousands of dollars per violation. Repeat offenders face even steeper penalties. Criminal charges are possible in cases of egregious violations.

Protecting Your Rights Under the General Duty Clause

As an employee, you have the right to a safe workplace. If you believe your employer is violating the General Duty Clause, you should:

Report the hazard to your supervisor: This is the first step in getting the hazard addressed.
File a complaint with OSHA: If your employer fails to address the hazard, you can file a confidential complaint with OSHA.
Maintain records: Keep records of any incidents, near misses, or complaints related to the hazard.

The General Duty Clause is a critical component of workplace safety legislation. Understanding its implications is crucial for both employers and employees to ensure a safe and healthful work environment. By proactively identifying and addressing hazards, employers can avoid costly penalties and protect their employees. Employees, in turn, have the right to a safe workplace and the recourse to report unsafe conditions.