OSHA General Duty Clause

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The Clause

In order to include the consideration of ergonomic hazards in normal

work place inspections without the use of specific standards, OSHA

has turned to the provisions of Section 5 of the OSH Act or

the " General Duty Clause " which states:

Section 5:

A. Each Employer:

shall furnish to each of his employees employment and a place of

employment which are free from recognized hazards that are causing

or likely to cause death or serious physical harm to his employees;

shall comply with occupational safety and health standards

promulgated under this Act.

B. 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.

Discussion

It is under the provisions of paragraph 5A(1) that OSHA cites for

ergonomic disorders. The language in paragraph 5B gives the

impression that the employee holds significant responsibility for

complying to health and safety standards. Although it appears that

the employee could be fined by OSHA for not complying to health and

safety standards, the employer bares most of the responsibility for

compliance in the eyes of OSHA.

If an ergonomic hazard (or other hazard) exists, OSHA inspectors may

issue a citation under the General Duty Clause when the following

criteria are met:

There is not an applicable OSHA standard.

The employer failed to keep the work place free of a hazard to which

employees of that employer were exposed.

The hazard is (or should have been) recognized by the employer.

The hazard is causing or was likely to cause death or other serious

physical harm.

There is a feasible and useful method to correct the hazard.

The absence of specific ergonomic standards requires interpretations

when using the general duty clause.

Would the hazard cause serious physical harm?

Is the hazard recognized?

Do feasible abatement methods exist?

Code of Federal Regulations (CFR)

General Duty Clause (GDC).