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:
- The employer failed to keep the workplace free of a hazard to which employees were exposed.
- The hazard was recognized.
- The hazard was causing or likely to cause death or serious physical harm.
- 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