Example General Duty Clause Citations to Look for in Your Workplace
OSHA has a number of regulations that govern many aspects of the workplace.
OSHA has a number of regulations that govern many aspects of the workplace. When there is not a specific regulation reference, they will often cite the General Duty Clause.
What is the General Duty Clause?
The General Duty Clause is found in Section 5(a)(1) of the Occupational Safety and Health Act. The General Duty Clause requires an employer to furnish to its 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 following elements are necessary to prove a violation: 1. The employer failed to keep the workplace free of a hazard; 2. The hazard was recognized; 3. The hazard was causing or was likely to cause death or serious physical harm; and 4. There was a feasible and useful method to correct the hazard.
Examples of Common General Duty Clause Citations
Some common violations where OSHA would use the General Duty Clause: Boilers not inspected and maintained, Cell phone use while driving, Combustible dust hazards, Ergonomic hazards, High visibility clothing not provided where struck by hazard exists, Industrial storage racking issues, Personal fall protection equipment not inspected annually, Powered Industrial Truck drivers not wearing a seat belt, Respiratory hazards from contaminants not covered by an OSHA PEL, Safety latch not in use on crane, Storing incompatible chemicals together, Structural damage to building, Thermal stress, and Workplace violence risk that goes unmitigated.
Frequently Asked Questions
Q: What is OSHA’s General Duty Clause and what does it require?
The General Duty Clause is found in Section 5(a)(1) of the Occupational Safety and Health Act and requires employers to furnish workplaces free from recognized hazards causing or likely to cause death or serious physical harm. OSHA may cite the General Duty Clause when specific regulatory standards do not exist, establishing employer responsibility for workplace safety beyond written regulations.
Q: What four elements must OSHA prove to establish a General Duty Clause violation?
OSHA must demonstrate that: the employer failed to keep the workplace free of the hazard; the hazard was recognized (either by industry standards or the employer); the hazard was causing or likely to cause death or serious physical harm; and there was a feasible and useful method available to correct the hazard. All four elements must be present for a valid citation.
Q: What are common examples of General Duty Clause citations OSHA issues?
Common General Duty Clause violations include boilers not inspected and maintained, combustible dust hazards, ergonomic hazards, lack of high-visibility clothing where struck-by hazards exist, industrial storage racking issues, unannual fall protection equipment inspection, seat belts not worn in powered industrial trucks, and thermal stress or workplace violence risks that remain unmitigated.
Q: Can OSHA cite the General Duty Clause for hazards covered by Permissible Exposure Limits?
OSHA may cite the General Duty Clause for respiratory hazards from contaminants not covered by an OSHA PEL, and for other hazards not specifically addressed in OSHA standards. For hazards with established PELs, OSHA typically cites the applicable specific standard rather than the General Duty Clause.
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