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:
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A hazard exists
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The hazard is recognized industry-wide or obvious
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It could cause serious harm or death
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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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