WORKPLACE SAFETY
" OSHA ’ s General Duty Clause requires employers to provide a work environment free from recognized hazards that are causing or are likely to cause death or serious physical harm ."
employer recognition , there must be evidence that the employer knows or is aware of hazardous conditions or practices . To establish industry recognition of a hazard , evidence needs to show that the employer ’ s relevant industry is aware of the hazard in question . Recognition by an industry other than the employer ’ s relevant industry is not sufficient to establish recognition . The first table on page 4 shows a list of records , studies , statements , and other evidence OSHA may consider to establish employer or industry recognition :
COMMON SENSE RECOGNITION
Common sense recognition can only be used if employer recognition and industry recognition cannot be established and only in flagrant or obvious cases . To establish common sense recognition , the hazard must be sufficiently obvious so that a reasonable person would recognize it .
APPLICABILITY OF THE GENERAL DUTY CLAUSE
OSHA can enforce the general duty clause only when no hazard-specific standard applies and in situations where a recognized hazard is created in whole or in part by workplace conditions or practices that are not covered by a standard . The general duty clause may also apply in employment situations that are inherently dangerous , such as fire brigades , emergency rescue operations , and confined space entry .
OSHA limits general duty citations to incidents that can be classified as willful or repeated violations that would otherwise qualify as serious violations . OSHA does not use the general duty clause to issue otherthan-serious citations .
Finally , while the general duty clause cannot be used to impose stricter requirements that the ones already imposed by OSHA ’ s standards , employers may violate their general duty when existing standards are inadequate to protect worker safety and health . Citations under these circumstances are possible only if all the conditions mentioned before are met and the employer knows that the standard was inadequate to protect employees from death or serious physical harm .
MORE INFORMATION
Contact Spectrum Insurance Group or visit OSHA ' s website at OSHA . gov for more information on OSHA compliance . +
EXAMPLE 1
HAZARD PARTIALLY COVERED BY OSHA STANDARD
EXAMPLE 2
GENERAL DUTY CANNOT IMPOSE STRICTER REQUIREMENTS
• An OSHA standard provides for a Permissible Exposure Limit ( PEL ) of 5 ppm and a recognized Occupational Exposure Limit ( OEL )— such as an ACGIH ® Threshold Limit Value ( TLV ®) or NIOSH Recommended Exposure Limit ( REL )— of 3 ppm .
• A 5 ( a )( 1 ) citation may only be considered for exposures between the OEL and the PEL if the data establishes that exposures at the measured level are likely to cause death or serious physical harm and the employer has actual knowledge that the PEL is inadequate to protect its employees .
• Construction employee exposure to a collapse hazard because of a failure to properly install reinforcing steel .
• Construction standards contain requirements for reinforcing steel in wall , piers , columns , and similar vertical structures but do not contain requirements for steel placement in horizontal planes , such as a concrete floors . A failure to properly install reinforcing steel in a floor in accordance with industry standards and / or structural drawings could be cited under the general duty clause .
LINE OF COVERAGE
PRICE FORECAST
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