OSHA General Duty Clause Explained

By Peter Zaidel

This two minute video will help you understand general duty clause conditions, and how management and employees can identify hazards to avoid 5(a)(1) citations.

OSHA enforces thousands of health and safety standards and rules. There are so many standards that sometimes they can be overwhelming. For example, have you tried to decipher the Code of Federal Regulations (CFR)? It is over 1000 pages of small print, and reads like a heavily annotated anthology of standards written in redacted legalese (or something like that). In addition to all these standards, there is one regulation that covers all hazardous conditions. This is the General Duty Clause (GDC), or section 5(a)(1) of the Occupational Safety and  Health Act.

"Each employer shall furnish his (sic) employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious harm to his employees."

The General Duty Clause is actually meant to clear things up a bit. It means that when we get tired of the technical jargon, interpretations, and endless conditional sub-clauses, or if we get tired of listening to our safety officers or the consultants they hire, we should remind ourselves- and our employers- of the general duty clause because if there are actual injuries occurring, or a situation that could lead to an injury; if there are actual illnesses or health effects among workers or a situation that could lead to disease or illness; or if there is a situation that just doesn't sit right- it worries us even if we are not "experts"- then this situation probably violates the General Duty Clause. Which also means that the employer is acting illegally and irresponsibly and not providing a safe and healthy workplace.

Some examples of hazardous situations where employers were cited under the General Duty Clause:
•    Repeated lifting above shoulder height
•    Frequent twisting of the body while shifting a load

•    No immediate means to summon medical aid or assistance while working alone
•    Exposure to chemicals at levels exceeding safe levels
•    Unlabeled or damaged controls on lifts, improperly adjusted limit switches
•    Standing for long periods without adequate support
•    Hydraulic auto lifts used without adequate locking devices
•    Improper storage of highly reactive chemicals
•    Risk of violence against community workers
•    Unsanitary conditions in restrooms
 Before OSHA issues a 5(a)(1) citation, an number of conditions must be satisfied:
•    There must be a hazard
•    The hazard must be recognized
•    The hazard causes or is likely to cause serious harm or death
•    The hazard must be correctable