What is OSHA's General Duty Clause?

The Occupational Safety and Health Administration (OSHA) is a federal agency that regulates workplace safety and health in the United States. OSHA’s mission is to ensure that employers provide safe and healthy working conditions for their employees, and to enforce the standards and rules that OSHA promulgates under the Occupational Safety and Health Act of 1970 (OSH Act).

One of the most important but often misunderstood parts of the OSH Act is the General Duty Clause, which is found in Section 5(a)(1) of the Act. The General Duty Clause 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.

The General Duty Clause is a broad and flexible provision that covers any serious hazard that is not addressed by a specific OSHA standard. It requires employers to take reasonable steps to prevent or abate any recognized hazard that could harm their employees, even if there is no specific rule for that hazard.

Why is the General Duty Clause important?

The General Duty Clause is important because it helps to protect employees from a wide range of workplace hazards that may not be covered by OSHA’s specific standards. The General Duty Clause also allows OSHA to address emerging or evolving hazards that may not have been known or anticipated when the OSH Act was passed in 1970. For example, OSHA has used the General Duty Clause to cite employers for exposing workers to COVID-19, a novel coronavirus that causes a respiratory disease. OSHA has also used the General Duty Clause to cite employers for exposing workers to nanomaterials, which are tiny particles that have unique properties and potential health effects.

How can employers comply with the General Duty Clause?

To comply with the General Duty Clause, employers must first identify and assess the hazards that exist or may arise in their workplace. They can do this by conducting regular inspections, audits, or surveys of their work environment, equipment, processes, and activities. They can also consult with their employees, safety committees, or experts to identify potential hazards and solutions.

Next, employers must take feasible and effective measures to eliminate or reduce the hazards that they have identified. They can do this by following the hierarchy of controls, which is a widely accepted method of prioritizing hazard prevention and mitigation strategies. The hierarchy of controls consists of the following levels, from most to least effective:

• Elimination: Remove the hazard from the workplace completely, such as by replacing a hazardous substance with a safer one, or redesigning a process to avoid a hazard.
• Substitution: Replace the hazard with a less hazardous alternative, such as by using a lower voltage or a less toxic chemical.
• Engineering controls: Isolate or minimize the exposure to the hazard, such as by installing guards, barriers, ventilation, or alarms.
• Administrative controls: Change the way people work to reduce the exposure to the hazard, such as by providing training, policies, procedures, or signs.
• Personal protective equipment (PPE): Provide equipment or clothing that protects the worker from the hazard, such as gloves, goggles, masks, or helmets.

Employers should also monitor and evaluate the effectiveness of their hazard control measures, and make adjustments as needed. They should also document their hazard identification, assessment, and control activities, and keep records of any incidents, injuries, or illnesses related to the hazards.

What are the benefits of complying with the General Duty Clause?

Complying with the General Duty Clause not only helps employers to avoid OSHA citations, penalties, and legal liability, but also brings many benefits to their business and their employees. Some of the benefits are:

• Improved productivity and quality: A safe and healthy workplace can enhance the efficiency and performance of workers, as well as the quality and reliability of products or services.
• Reduced costs and losses: A safe and healthy workplace can prevent or minimize the costs and losses associated with accidents, injuries, illnesses, absenteeism, turnover, lawsuits, or damage to property or reputation.
• Increased morale and satisfaction: A safe and healthy workplace can boost the morale and satisfaction of workers, as well as their loyalty and commitment to the employer.
• Enhanced reputation and competitiveness: A safe and healthy workplace can improve the reputation and image of the employer, as well as their ability to attract and retain customers, investors, partners, and talent.

How is the General Duty Clause related to other concepts?

The General Duty Clause is related to other concepts that are relevant to workplace safety and health, such as:

• OSHA standards: These are the specific rules and regulations that OSHA issues under the authority of the OSH Act, covering various hazards, industries, or activities. Employers must comply with the OSHA standards that apply to their workplace, in addition to the General Duty Clause. Some OSHA standards may also refer to the General Duty Clause as a source of authority or guidance.
• Industry standards: These are the voluntary guidelines or best practices that are developed by industry associations, professional organizations, or consensus bodies, covering various aspects of safety and health in a specific sector or field. Employers may use industry standards as a reference or a benchmark for complying with the General Duty Clause, as long as they are consistent with OSHA’s requirements and expectations.
• Safety management systems: These are the systematic and comprehensive approaches that employers use to manage and improve their safety and health performance, covering various elements such as policy, planning, implementation, evaluation, and improvement. Employers may use safety management systems as a tool or a framework for complying with the General Duty Clause, as well as for achieving their safety and health goals and objectives.

The General Duty Clause is a vital and versatile provision of the OSH Act that requires employers to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. The General Duty Clause covers any serious hazard that is not addressed by a specific OSHA standard, and allows OSHA to address emerging or evolving hazards that may not have been known or anticipated when the OSH Act was passed in 1970. To comply with the General Duty Clause, employers must identify and assess the hazards in their workplace, and take feasible and effective measures to eliminate or reduce them, following the hierarchy of controls. Complying with the General Duty Clause not only helps employers to avoid OSHA citations, penalties, and legal liability, but also brings many benefits to their business and their employees, such as improved productivity and quality, reduced costs and losses, increased morale and satisfaction, and enhanced reputation and competitiveness. The General Duty Clause is also related to other concepts that are relevant to workplace safety and health, such as OSHA standards, industry standards, and safety management systems.

FAQs

Q: What is the General Duty Clause?

A: The General Duty Clause is a broad and flexible provision that covers any serious hazard that is not addressed by a specific OSHA standard. It 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.

Q: Why is the General Duty Clause important?

A: The General Duty Clause is important because it helps to protect employees from a wide range of workplace hazards that may not be covered by OSHA’s specific standards. It requires employers to take reasonable steps to prevent or abate any recognized hazard that could harm their employees, even if there is no specific rule for that hazard.

Q: How can employers comply with the General Duty Clause?

A: To comply with the General Duty Clause, employers must first identify and assess the hazards that exist or may arise in their workplace. They can do this by conducting regular inspections, audits, or surveys of their work environment, equipment, processes, and activities. They can also consult with their employees, safety committees, or experts to identify potential hazards and solutions. Next, employers must take feasible and effective measures to eliminate or reduce the hazards that they have identified. They can do this by following the hierarchy of controls, which is a widely accepted method of prioritizing hazard prevention and mitigation strategies. The hierarchy of controls consists of the following levels, from most to least effective: elimination, substitution, engineering controls, administrative controls, and personal protective equipment.

Q: What are some examples of citations under the General Duty Clause?

A: Some examples of common citations under the General Duty Clause are:

• Use of cell phones while driving that led to work-related accidents
• Incidents related to industrial storage racking, such as not having the permissible load limit clearly marked
• Lack of seatbelt use in forklifts equipped with them
• Ergonomic hazards, such as repetitive strain injuries or musculoskeletal disorders
• Heat or cold working temperature hazards, such as heat stroke or frostbite
• Workplace bullying or violence, such as harassment or assault
• Boilers not inspected and maintained, leading to explosion or fire risks
• Combustible dust hazards, such as dust explosions or fires
• High visibility clothing not provided where struck by hazard exists with vehicular traffic
• Personal fall protection equipment not inspected on annual basis, resulting in fall hazards
• Powered Industrial Truck (forklift) drivers not wearing a seat belt while operating

Q: How can employees report a violation of the General Duty Clause?

A: Employees who believe that their employer is not complying with the General Duty Clause or any other OSHA standard can file a complaint with OSHA. They can do this by calling OSHA’s toll-free number at 1-800-321-OSHA (6742), or by visiting OSHA’s website and filling out an online form. Employees have the right to request that their names not be revealed to their employers. OSHA will review the complaint and determine whether to conduct an inspection or an investigation.