You’re likely aware OSHA has many particulars when it comes to occupational safety and health requirements. Curious about OSHA’s general duty clause? There are certainly some responsibilities to note and act on. Today, we’ll talk about what it means for you and your company.
We’ll also give you a quick 4-part test that will help ensure you’re on the right path. Monitor your work areas, give yourself the test, and prevent those nasty citations. Avoid OSHA fines, damaged reputations, and most of all serious accidents and even deaths on the job.
What is the General Duty Clause of the OSHA Act?
So, what is the general duty clause exactly? There are plenty of hazards and unsafe conditions in any given work environment. Some of these aren’t covered by a specific OSHA standard. The OSHA duty clause is like a catch-all. It covers everything related to occupational safety and health at work that doesn’t get a standard of its own.
Section 5(a)(1) of the OSH Act
This section centers on the duties of the employer. Later, section (b) discusses the duties of the employee. OSHA Section 5(a)(1) reads as follows:
“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.”
How OSHA Enforces the General Duty Clause
Inspections typically begin with a complaint, an accident, or a routine check. If no specific OSHA standard applies, inspectors look at the general duty clause. They’ll review incident reports, speak to employees, evaluate risk, and assess if you could’ve taken reasonable steps to prevent harm.
4 Part Test for OSHA’s General Duty Clause
Basically, if the occupational hazard isn’t covered specifically in any OSHA standard, the employer is still held accountable. The employer must furnish all employees with jobs and environments that keep them from any recognized danger that could lead to accidents, illnesses, or deaths.
Here’s the 4-part test for maintaining compliance with the OSHA General Duty Clause CFR. Test yourself, but also understand that this is how you will be measured. Do some research on what happens during an OSHA inspection to improve the odds that you are taking the right safety measures today.
According to the OSHA Letter of Interpretation, the following represent the necessary steps in safety compliance and avoiding general duty clause violations.
1. Hazard-free
The employer must keep the space free of workplace hazards. If they don’t, it may then be proven that the employer failed to comply, as employers were exposed to potential physical harm. The employer must take reasonable steps in order to prevent or lessen the hazard.
Contact our team for help with OSHA risk assessment today.
2. Recognition
Before you’re cited for a violation, it must be proven that you, the employer, recognized the hazard. You were aware of potential dangers in an aspect of your company but did not take reasonable steps to eliminate or reduce the possible impact.
Employers are responsible for assessing environments beyond OSHA’s particular occupational safety and health standards. Unique circumstances and nuances always exist, and they must be given attention and improved upon.
3. Death or Serious Harm
You may be cited if the hazard is causing or even is likely to cause death or serious physical harm. Protecting your employees at all costs is vital. OSHA doesn’t have a “spelled-out” standard for every potential hazard. But this doesn’t mean employers can allow harmful and possible fatal operations to go on under their watch.
If you have concerns, our team can help with workplace injury prevention.
4. Corrective Methods
Finally, a violation may be proven if all along there was a feasible and useful method to correct the “general duty” hazard. This means, you are responsible for noting employees and the hazards they face. But you must also plan, organize, and enforce methods that correct the issue at hand.
The hierarchy of hazard control can help walk you through ways to take corrective action today.
OSHA General Duty Clause 4-Part Test
| Requirement | What It Means | Examples |
| 1. Hazard Exists | A workplace condition poses a risk of harm | Excessive heat, poor ventilation, awkward lifting |
| 2. Hazard Is Recognized | Employer knew or should’ve known the hazard was dangerous | Known industry risks, internal reports, past incidents |
| 3. Hazard Can Cause Harm | The condition is likely to cause death or serious physical injury | Risk of falls, amputations, chemical exposure |
| 4. Feasible Fix Available | There is a realistic and useful method to reduce or eliminate the hazard | Engineering controls, training, PPE, job redesign |
What Happens After a General Duty Clause Citation?
If cited, OSHA will issue a Notice of Unsafe or Unhealthful Working Conditions. You’ll have the opportunity to respond, but OSHA citations can lead to fines and will stay on your compliance record. Repeat violations could bring harsher penalties, including willful or serious violation status.
Examples of General Duty Violations
Here’s a list of examples of general duty clause violations. This is by no means an exhaustive list, but it may help you clarify this “general,” catch-all rule that seems rather vague to many.
- lifting above shoulder height (repeatedly)
- standing for long periods without proper support
- no immediate means to summon medical aid or assistance while working alone
- twisting of the body while shifting a load (repeatedly)
- conveyor systems that bear no functioning emergency stop devices
- using a forklift truck to support employees at heights without proper securing or fall protection
- using hydraulic auto lifts without adequate locking devices in place
- risk of violence against community workers
Common Misconceptions
Some employers believe the general duty clause only applies in extreme or unusual situations. Not true. Many violations stem from routine tasks like lifting, standing, or using equipment in ways that seem harmless – until someone gets hurt.
What Does the General Duty Clause Require of Employees?
As previously mentioned, most of the general duty clause focuses on the employer’s side. But the employee is held responsible, too. Section 5 (b) claims that employees must comply with OSHA standards. They must take action and conduct themselves in a way that follows all rules, regulations, and orders connected to this particular Act.
Preventing Violations: Proactive Tips
- Regularly walk your job sites and observe tasks in progress
- Speak with workers about any tasks that feel unsafe or awkward
- Don’t wait for an incident…take corrective action if something “seems off”
- Stay informed on industry best practices, even those not spelled out in OSHA regs
Contact Safety by Design for Professional Safety Compliance Guidance
It can be difficult to pay attention to hazards that fall outside of OSHA’s list of specific standards. That checklist alone can overwhelm many. But failure at general duties can result in costly fines and tarnished reputations. Worse, employees can be seriously hurt or even die. Let the experts help!
Contact Safety by Design today! We understand the ins and outs of general duty clause interpretation. Whether you need our safety management services company on a more involved basis, or you just need occasional safety training in Houston, we’ll meet you where you are with our experience and passion. We’ll ensure you and your employees are safe and compliant – every time!
