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Monday, August 18, 2025

What Does the General Duty Clause Require Employers to Do

At its core, the General Duty Clause requires employers to provide a workplace free from recognized hazards that could cause serious injury or death. This obligation applies even when no specific safety standard exists, making it a foundational rule for protecting employees across all industries.

Employers must actively identify potential hazards and take reasonable steps to eliminate or reduce them. This includes conducting regular safety inspections, addressing known risks, and staying informed about industry-related dangers. Employers cannot ignore hazards simply because they are not explicitly listed in regulations.

Involves implementing preventive measures and training. Employers are expected to provide proper safety equipment, establish clear safety procedures, and train employees to recognize and avoid hazards. Effective communication and ongoing education are essential to maintaining compliance and reducing workplace incidents.

What Does the General Duty Clause Require Employers to Do extends to creating a culture of ongoing safety and accountability. Employers must respond promptly to safety complaints, document corrective actions, and continuously improve workplace conditions. By proactively managing risks, employers not only meet legal requirements but also foster a safer, more productive work environment.

What does the general duty clause require employers to do?

What is the General Duty Clause?

It’s Section 5(a)(1) of the U.S. Occupational Safety and Health Act. It requires employers to provide a workplace free of recognized hazards that can cause death or serious physical harm—even when no specific OSHA standard exists. 

 When does OSHA use the General Duty Clause?

OSHA invokes the clause when there's a recognized hazard not addressed by a specific standard—acting as a catch-all to enforce workplace safety.

What must OSHA prove to cite a violation under the General Duty Clause?

OSHA must show:

  1. A hazard exists

  2. The hazard is recognized industry-wide or obvious

  3. It could cause serious harm or death

  4. There’s a feasible way to fix it

Does the General Duty Clause apply even if a specific OSHA standard covers a hazard?

No—if a specific OSHA standard applies, OSHA cites that instead, not the General Duty Clause. 

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