What is the OSHA General Duty Clause?
Workplace safety is a shared responsibility. The Occupational Safety and Health Administration (OSHA) plays a vital role in ensuring this safety through a wide range of standards. But when no specific standard exists for a particular hazard, OSHA enforces its General Duty Clause. This clause holds employers accountable for providing a work environment free from recognized hazards that can cause death or serious harm. Understanding the General Duty Clause is essential for both employers and employees aiming to maintain a safe and compliant workplace.
Understanding the General Duty Clause
The General Duty Clause is found in Section 5(a)(1) of the Occupational Safety and Health Act of 1970. It states:
“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.”
Section 5(b) further adds that:
“Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued under this Act which apply to his actions and conduct.”
This clause serves as a catch-all provision when no specific OSHA standard addresses a particular hazard. It empowers OSHA to cite employers if they fail to address obvious and preventable workplace risks.
When Is the General Duty Clause Used?
OSHA uses the General Duty Clause when:
- There is a recognized hazard in the workplace.
- The hazard is causing or is likely to cause serious harm or death.
- The hazard is not covered by a specific OSHA standard.
- The employer has not taken feasible steps to reduce or eliminate the hazard.
The clause fills gaps where no specific regulations exist, ensuring employees are still protected from serious hazards even in the absence of a formal standard.
Examples in OSHA General Duty Clause
To better understand the General Duty Clause, consider the following examples where it may apply:
1. Heat Stress
There is no comprehensive federal OSHA standard for heat illness prevention (though some states like California have one), yet heat stress is a recognized hazard. If an employer fails to provide shade, water, or rest periods during high-heat conditions, OSHA may cite them under the General Duty Clause.
2. Workplace Violence
Though not governed by a specific OSHA regulation in many industries, workplace violence—especially in healthcare or retail settings—is a known hazard. Failing to implement reasonable protections, like training or emergency procedures, could lead to a citation.
4. COVID-19 and Infectious Diseases
During the early stages of the COVID-19 pandemic, before the introduction of specific federal guidelines, OSHA used the General Duty Clause to address hazards related to inadequate sanitation, PPE, or social distancing.
3. Ergonomic Hazards
If repetitive motion injuries occur and no ergonomic controls exist, OSHA may cite the employer under the General Duty Clause.
5. Combustible Dust
Though not governed by a specific OSHA regulation in many industries, workplace violence—especially in healthcare or retail settings—is a known hazard. Failing to implement reasonable protections, like training or emergency procedures, could lead to a citation.
Employee Responsibilities in OSHA General Duty Clause
While the primary burden under the General Duty Clause lies with employers, employees also have responsibilities under Section 5(b) of the OSH Act. These include:
- Following all safety rules: Employees must adhere to safety protocols, including wearing required PPE, using machinery correctly, and following hazard communication guidelines.
- Reporting hazards: Employees are encouraged to report unsafe conditions to supervisors or OSHA if they feel their safety is compromised.
- Participating in training: Employees should take part in all safety training provided by their employer and apply that knowledge on the job.
- Supporting a safety culture: By being aware, proactive, and communicative, employees contribute to creating and maintaining a safer work environment.
More about this can be found in Ideagen’s overview, which emphasizes that safety is a shared responsibility.
How Employers Can Stay Compliant
To avoid violations of the General Duty Clause, employers should:
- Conduct regular hazard assessments to identify potential risks not covered by specific OSHA standards.
- Stay informed of industry-recognized hazards, such as those identified by professional safety organizations like ANSI, NIOSH, and NFPA.
- Document efforts to reduce hazards, including implementing control measures, training, and maintenance protocols.
- Encourage employee involvement in identifying and reporting hazards.
Many violations stem from employers ignoring known industry practices or failing to act on complaints or reports of unsafe conditions.
Penalties and Consequences
A violation of the General Duty Clause can carry serious penalties. OSHA may issue citations with monetary fines, and repeated or willful violations can result in larger penalties and even criminal charges in extreme cases. Additionally, non-compliance can damage a company’s reputation and employee morale.
Employers are advised to treat General Duty Clause compliance with the same diligence they give to more specific OSHA regulations. Proactive compliance may prevent serious incidents and help avoid litigation or regulatory scrutiny.
Conclusion
The OSHA General Duty Clause plays a crucial role in protecting employees from workplace hazards not specifically addressed in formal regulations. By requiring employers to eliminate recognized risks and holding employees accountable for following safety procedures, this clause reinforces the shared duty of creating safe and healthful working conditions.
While it may be broad in scope, the General Duty Clause is far from vague—it’s a powerful enforcement tool that underscores OSHA’s core mission: to ensure that every worker returns home safe at the end of the day.
