Understanding OSHA's General Duty Clause

Every workplace should be hazard-free, yet accidents and hazards remain prevalent. In 2023 alone, OSHA reported over 2.6 million workplace injuries in the U.S., many of which could have been prevented. The OSHA General Duty Clause comes into play, a powerful yet often misunderstood piece of legislation. The clause requires employers to provide a workplace free from identified hazards, ensuring safety and health. Sounds simple? However, the real challenge lies in identifying and addressing risks before they become tragedies. This blog will educate you on the key purpose, significance, and application implications.

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What is the OSHA General Duty Clause?

What is the General Duty Clause of OSHA? The OSHA General Duty Clause requires employers to provide a workplace free from known hazards. It identifies potential risks that could cause or are likely to cause death or serious bodily harm to employees. 

The OSHA General Duty Clause under Section 5(a)(1)-(2) and (b), the OSHA Act mandates that employers provide a workplace free from recognized hazards. OSHA ACT was established by Congress and signed into law by President Richard Nixon on December 29, 1970. It should comply with all OSHA safety standards to eliminate serious harm or death.  Additionally, employees must follow all occupational safety regulations and workplace safety rules relevant to their actions and conduct.

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Key Requirements of the General Duty Clause 

The General Duty Clause under OSHA requires employers to maintain a workplace free from recognized hazards that may cause serious injury or death. It ensures accountability by requiring the identification of hazards, mitigation of risks, and feasible safety measures to protect employees.

The General Duty Clause has a few key requirements that employers must meet to comply:

Recognized Hazards

The employer must identify and abate hazards a reasonable person would recognize as causing a significant risk of death or serious physical harm. A hazard is recognized if it is common knowledge in the industry and detectable through the senses or accepted tests.

Causing or Likely to Cause Death or Serious Bodily Harm

A hazard that exposes employees to the possibility of severe injury or death will trigger the application of the General Duty Clause. Examples of serious physical harm cited in enforcement guidance of OSHA include concussions and hearing loss.

Feasible and Effective Control Abatement

Employers should have practical and effective controls. The feasibility of abatement technically and economically is assessed by OSHA.

There is a need to follow the General Duty Clause to foster a culture of safety and prevent workplace injuries.

Four Requirements for Citing the General Duty Clause

To prove a violation of the OSHA General Duty Clause, OSHA must show and meet the following criteria. It must have the four below-mentioned workplace conditions that can pose a significant risk to employee safety:

1. Exposure to Hazard

Workers are exposed to danger when exposed to unsafe conditions, for instance, handling dangerous chemicals without proper protective equipment or operating broken-down machinery.

2. Identifiability of the Hazard

Employers must identify workplace hazards using industry best practices, historical accidents, or safety testing and take corrective measures.

3. Probability of Severe Injury or Death

The hazard has to have a reasonable likelihood of causing serious injury or death, thus demanding prompt action.

4. Feasibility of Abatement

Practical solutions must exist to reduce or eliminate the hazard, proving the employer’s failure to act made the workplace unsafe.

A violation of OSHA's General Duty Clause ensures that employers are liable for recognizing, addressing, and mitigating hazards for a safe working environment.

When the General Duty Clause Applies

To understand what this clause entails, you must know the scope and application of the General Duty Clause OSHA. The clause applies to all industries and even covers hazards for which OSHA does not have well-defined regulations.

Wide Application Across Industries 

The General Duty Clause addresses general hazards across the industry that are not covered under specific OSHA standards, such as heat stress and workplace violence.

Recognized Hazards in the Workplace

Some focus on known risks, such as unguarded machinery, chemical exposure, or overexposure to noise, for which employers are expected to take immediate action.

Criteria for Enforcement

To implement the General Duty Clause, OSHA demands that a hazard be recognized in the industry, and pose a threat of serious harm or death. Employers shall implement effective methods for eliminating or mitigating known perils in the work environment. Failure to correct such hazards on the part of employers may incur penalties. For OSHA to enforce this clause, specific conditions must be met:

1. The hazard must be recognized in the industry.

2. The hazard must pose serious harm or death risks.

3. A feasible method to eliminate or reduce the hazard must exist.

If employers fail to act despite these conditions, they may face penalties.

This requires employers to proactively find and mitigate hazards known to a workplace to promote safety and address the General Duty Clause of OSHA.

Examples of General Duty Clause Citations

Citations under the OSHA General Duty Clause have emphasized the urgency of addressing emergent and industry-specific dangers. Let’s explore a few real-world examples where employers usually fail to provide safe conditions:

Workplace Violence in Health Care: For example, some hospitals and clinics are cited against aggressive patients or visitors. Interventions are de-escalation training and security enhancements including panic buttons.

Heat Stress for Workforce: Cites include construction or agriculture with improper hydration, resting breaks, and cooling facilities increasing the hazard of heat-related illnesses.

Exposure to Hazardous Chemicals: Manufacturing plants face citations for failing to provide protective equipment or ventilation when handling toxic substances, endangering worker safety.

Ergonomic Hazards in Office Settings: Poorly designed workstations lead to repetitive strain injuries, and employers are cited for not addressing ergonomic risks in office environments.

OSHA General Duty Clause Requirements For Employers

The OSHA General Duty Clause spotlights major duties on employers to recognize existing and potential risks not specified within the scope of OSHA. It must implement adequate preventive measures toward these risks, which are discussed as follows:

Provide a Hazard-Free Workplace

Identifying and eliminating risks like unsafe machinery, toxic substances, and workplace violence through regular assessments.

Abate Recognized Hazards

Take immediate action, such as improving safety protocols, implementing engineering controls, or providing PPE.

Ensure Feasible Abatement

Adopt practical, cost-effective safety solutions that reduce workplace risks. This includes adopting industry-standard practices and controls to ensure employee safety.

Stay Updated On Industry Standards

Maintains current awareness of industry standards, new and emerging hazards, OSHA guidelines, and changes in best practices.

Trains Employees On Safety

Workers are regularly instructed about safety procedures, hazard identification, and proper methods to wear personal protective equipment.

Providing Safety Equipment

Essential PPE such as gloves, helmets, respirators, and goggles to help prevent workplace injury.

These protocols provide a roadmap for employees to follow, reducing confusion and ensuring everyone knows how to respond to potential dangers.

Adhering to these responsibilities helps employers fulfill OSHA's General Duty Clause and develop a safety culture for all employees.

Effects of Non-Compliance

Non-compliance with the OSHA General Duty Clause can lead to fines, increased scrutiny by OSHA, legal challenges, and reputational damage. In extreme cases, OSHA can issue instance-by-instance (IBI) citations where each violation is penalized. Employers should take proactive steps to ensure compliance and workplace safety.

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The Bottom Line!

The OSHA General Duty Clause is a core provision of the OSH Act. This clause ensures proactive measures for the security of workers by dealing with recognized hazards.  It protects lurking dangers that are not addressed by specific OSHA standards. However, its enforcement is a challenge. Subjective hazard recognition and proof requirements are a few. 

Workplace safety is a shared journey, and knowledge is your greatest ally. For workers, it’s a way to advocate for their rights and report unsafe conditions without fear. 

References:

• https://www.osha.gov/sites/default/files/OSHA_2023_Work-Related_Injury_and_Illness_Summary.pdf

• https://www.osha.gov/laws-regs/oshact/section5-duties

• https://www.osha.gov/laws-regs/oshact/completeoshact