Understanding and Complying with OSHA's General Duty Requirements
Written by Staff Writer | Edited by Michael Purser
The Occupational Safety and Health Act of 1970 was a major legal step toward making American workplaces safer. The new regulations under the OSH Act addressed many specific hazards, but lawmakers knew that it didn't — couldn't — cover every possible risk in every circumstance. That's where OSHA's General Duty Clause, found in Section 5(a)(1), comes into play.
It states that each employer "shall furnish to each of his employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."
But what does that mean in practical terms? This article will explore what the clause means for both employers and employees and how proper workplace training can help them adhere to it.
The OSH Act
This landmark act protects employees from potential hazards at work. It accomplishes this by requiring companies to actively look for potential hazards and to take the necessary steps to protect workers from those dangers.
Flexibility in the wording of this clause accommodates unknowns, new developments and other areas that legislators have not crafted specific provisions to address.
The Occupational Safety and Health Administration (OSHA) enforces the provisions of the OSH Act and adapts the law to a changing world. But the law will inevitably fail to cover every potential hazard from time to time.
There are just too many potential dangers for lawmakers to keep up with. Section 5(a)(1) provides a blanket, generalized protection to encourage employers to maintain safe worksites and provide a last line of defense for enforcement actions.
The administration does a good job of explaining how the provision adds additional protections beyond the standards currently in place. When an inspector identifies an unaddressed hazard that falls under an existing standard, they use that standard to cite the employer.
But what if there is a hazard that doesn't obviously fall into an existing standard? That's when this legal requirement comes in. According to the administration, "Employers must also comply with the General Duty Clause of the OSH Act. This clause requires companies to keep their workplaces free of serious recognized hazards and is generally cited when no specific OSHA standard applies to the hazard."
Health Risks and Financial Penalties for Violations
Failing to comply with regulations can lead to severely negative outcomes for employees and businesses. For employees, the negative outcomes primarily affect their health. They can suffer:
- Lacerations
- Burns
- Electrical shocks
- Traumatic brain injuries
- Broken bones
- Amputations
- And other life-altering or fatal injuries
For companies, failing to comply can lead to serious legal and financial consequences. Fines are adjusted for inflation so they can change over time. As of January 15, 2024, potential maximum fines for violations include:
- Serious and Other-Than-Serious Posting Requirements: $16,131 per violation
- Failure to Abate: $16,131 per day beyond the abatement date
- Willful or Repeated: $161,323 per violation
Regulators can adjust the value of fines based on individual circumstances. It's clear, though, that failing to comply can cost a company a lot of money very quickly.
Example Hazards Covered by the OSHA General Duty Clause
By design, the wording is vague. For context, here are some potential examples of circumstances in which a failure to act could result in a citation under Section 5(a)(1):
- Failing to protect against infectious diseases: Once it becomes known to the employer that an infectious disease could spread among employees, such as COVID-19 or hepatitis, they must implement protective measures.
- Not providing enough ventilation: If dust, vapors or other airborne contaminants are present at harmful levels, employers need to provide sufficient ventilation to make the air safe to breathe.
- Failing to give enough rest breaks: Employers need to be aware of the toll fatigue takes on workers and provide rest or job rotation to avoid hazardous mistakes.
- Not training employees to identify workplace hazards: Proper training is a part of the law, and employers are expected to provide it.
- Insufficient instruction for tool and machine operation: Every employee needs a basic level of training to operate tools and machinery safely.
For anyone working in construction or general industry, these examples may seem fairly obvious. Keeping up seems intimidating for some because of the generalized nature of the rule.
How can a supervisor be certain that they aren't violating the law accidentally? Let's look at how the factors that lead to violations are defined.
What Is the Employer's Responsibility?
The following elements are necessary to violate the clause:
- The employer failed to keep the workplace free of a hazard to which employees of that employer were exposed
- The hazard was recognized
- The hazard was causing or was likely to cause death or serious physical harm
- There was a feasible and useful method to correct the hazard
It seems like this would apply to almost any major incident. But in reality, it is rarely used because it requires all four of the above to be true and for the violation to not fall under any of the many other established standards.
To give a specific example: In 2010 the administration issued around 1,600 general violations. In comparison, it issued more than 9,000 violations that same year just for the scaffolding standard, the top violation for that year.
As long as employers are diligent about keeping the jobsite free of hazards, it should be relatively easy to avoid getting cited for violating this particular requirement.
If it's not possible to remove all the dangers to employees, it's expected that a company shall furnish each employee with the necessary equipment to protect them from known risks. This is a common stipulation in many standards, so it should already be part of the safety plan for almost any jobsite.
Arguably the best way to ensure a hazard-free workplace is to maintain sufficient education regarding on-the-job hazards, such as taking a comprehensive 30-Hour Construction course. Sufficient safety training prepares managers and supervisors to identify and address dangers on the jobsite.
Earning an official U.S. Department of Labor OSHA 30 card ensures that employers have a firm grasp on how to recognize, avoid, prevent and abate hazards at work.
What Is the Employee's Responsibility?
Section 5(b) defines the employee's part in maintaining workplace safety. It states: "Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct."
As a worker, you must comply with standards, too. Much like employers, the simplest way to meet expectations is to take a high-quality training course, such as a 10-Hour General Industry course.
The 10-hour course is ideal for workers who do not work in a supervisory role. While less comprehensive than a 30-hour course, the 10-hour program provides a solid foundation for preventing, recognizing, avoiding and abating potential work hazards.
Preventing Violations with Safety Education
OSHA Education Center offers a full range of courses to help employers and employees maintain a safe working environment. They range from short, easily accessible classes like our 1-Hour Top 10 OSHA Violations course to longer, more in-depth programs like the Outreach Training 30-Hour General Industry course. Choose the right course to bolster your knowledge at any time.
We are an industry leader in online workplace education. Our instruction is designed to meet regulatory standards in a convenient format. To fit your busy lifestyle, you can access lessons 24/7 from any internet-connected device. Other advantages include:
- Learn 100% online whenever and wherever you like
- Train at your own pace
- Start and stop your studies at any time with automatic progress saving
- Download your certificate of completion instantly
Our goal is to help employers and employees maintain a safe jobsite through quality education. By getting a comprehensive education, you can prevent standards violations. Sign up today to protect yourself and others with OSHA-authorized Outreach Training.