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General Duty Clause
Practical Law Glossary Item 0-521-1021 (Approx. 4 pages)
Glossary
General Duty Clause
Section 5(a)(1) of the Occupational Safety and Health Act (OSH Act). The general duty clause requires that an employer keep its workplace free from any recognized hazards that cause or are likely to cause death or serious physical harm to employees (29 U.S.C. § 654(a)(1)).
To cite an employer for a general duty clause violation, the Secretary of the Department of Labor must demonstrate that:
- The employer failed to keep its workplace free from a hazard to which employees were exposed.
- The hazard is recognized.
- The hazard was likely to cause death or serious physical harm.
- There was a feasible and economically viable way to correct the hazard.
For more information on citations, see Practice Note, Health and Safety in the Workplace: Overview: OSHA Citations.
In addition to the general duty to keep a workplace free from any recognized hazards, employers covered by the OSH Act are also required to comply with specific safety standards. For more information, see Practice Note, Health and Safety in the Workplace: Overview: Covered Employers and Specific Safety Standards.