Overview
The Occupational Safety and Health Administration’s General Duty Clause states that each employer must 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. Each employer must comply with occupational safety and health standards promulgated under the Occupational Safety and Health Act. Each employee must comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to the Occupational Safety and Health Act, which are applicable to his own actions and conduct (29 U.S.C. § 654).
The general duty provisions are used in inspections only where there are no specific standards applicable to the particular hazard i
involved. Any recognized hazard created in part by a condition not covered by a standard may be cited under the general duty clause. A hazard is recognized if it is a condition that is:
- Of common knowledge or general recognition in the particular industry in which it occurred; and
- Detectable by means of the senses (sight, smell, touch, and hearing), or is generally recognized as a hazard in the industry, that even if it is not detectable by means of the senses, there are generally known and accepted tests for its existence which should be generally known to the employer.
In addition, “Voluntary Standards” also meet the preceding criteria for identifying a hazard. Citations based on the general duty clause are limited to alleged serious violations (including willful and/or repeated violations which would otherwise qualify as serious violations, except for their willful or repeated nature).