what does the general duty clause require employers to do?

what does the general duty clause require employers to do?

7 hours ago 2
Nature

The General Duty Clause, found in Section 5(a)(1) of the Occupational Safety and Health Act (OSH Act) of 1970, requires employers to provide a workplace that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees

. Specifically, the clause obligates employers to:

  • Furnish employment and a place of employment free from recognized hazards.
  • Identify hazards that are recognized either by the employer, the industry, or common sense.
  • Correct hazards when feasible and economically viable methods to mitigate them exist.
  • Ensure that employees are not exposed to hazards that could cause serious injury or death

To cite an employer for violating the General Duty Clause, OSHA must prove:

  1. The employer failed to keep the workplace free of a hazard to which employees were exposed.
  2. The hazard was recognized.
  3. The hazard was causing or likely to cause death or serious physical harm.
  4. There was a feasible and practical method to correct the hazard

The clause serves as a "gap filler" for hazards not covered by specific OSHA standards, allowing OSHA to enforce safety even when no detailed regulation exists for a particular hazard, such as heat-related illnesses or workplace violence

. Employers meet their duty by conducting workplace inspections, providing proper personal protective equipment (PPE), implementing safety procedures, and training employees and management on hazard prevention

. In summary, the General Duty Clause requires employers to proactively ensure a safe working environment by recognizing and mitigating serious hazards, even if no specific OSHA standard applies

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