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InstituteElements of a General Duty Clause ViolationAnalysisSafety & HealthGeneral Industry SafetyGeneral Duty ClauseWhat Would you Do QuestionsEnglishGeneral Duty ClauseFocus AreaUSA

The four elements OSHA considers

Scenario: An established company is told by a company ergonomist that several of the lifting and repetitive tasks at one facility are hazardous. Five employees have incurred musculoskeletal disorders (MSDs) resulting from the work. When the Occupational Safety and Health Administration (OSHA) conducts an inspection, it confirms the ergonomist’s findings and reports that the plant’s employees are exposed to significant risks from repetitive and heavy lifting. The company fails to take corrective action to decrease these known hazards.

Can OSHA cite the company for violating the General Duty Clause?

Click below to see the answer.

The four elements OSHA considers: Answer

Answer: Yes. Employers must take whatever abatement actions are feasible to protect workers from serious and recognized workplace hazards even where there is no standard. If an employer fails to do this, OSHA can inspect and issue a citation under the General Duty Clause. The following elements are necessary for the Occupational Safety and Health Administration (OSHA) to support a General Duty Clause violation:

  • Employees are exposed to a hazard;
  • The hazard is recognized, which can come from many forms, including industry recognition or the employer’s own recognition because of previous injuries;
  • The hazard is likely to cause death or serious physical harm; and
  • There is a feasible and useful method to correct the hazard.
general-duty-clause
General Duty Clause
general-duty-clause
General Duty Clause
InstituteElements of a General Duty Clause ViolationAnalysisSafety & HealthGeneral Industry SafetyGeneral Duty ClauseWhat Would you Do QuestionsEnglishGeneral Duty ClauseFocus AreaUSA

The four elements OSHA considers

InstituteElements of a General Duty Clause ViolationAnalysisSafety & HealthGeneral Industry SafetyGeneral Duty ClauseWhat Would you Do QuestionsEnglishGeneral Duty ClauseFocus AreaUSA

Scenario: An established company is told by a company ergonomist that several of the lifting and repetitive tasks at one facility are hazardous. Five employees have incurred musculoskeletal disorders (MSDs) resulting from the work. When the Occupational Safety and Health Administration (OSHA) conducts an inspection, it confirms the ergonomist’s findings and reports that the plant’s employees are exposed to significant risks from repetitive and heavy lifting. The company fails to take corrective action to decrease these known hazards.

Can OSHA cite the company for violating the General Duty Clause?

Click below to see the answer.

The four elements OSHA considers: Answer

Answer: Yes. Employers must take whatever abatement actions are feasible to protect workers from serious and recognized workplace hazards even where there is no standard. If an employer fails to do this, OSHA can inspect and issue a citation under the General Duty Clause. The following elements are necessary for the Occupational Safety and Health Administration (OSHA) to support a General Duty Clause violation:

  • Employees are exposed to a hazard;
  • The hazard is recognized, which can come from many forms, including industry recognition or the employer’s own recognition because of previous injuries;
  • The hazard is likely to cause death or serious physical harm; and
  • There is a feasible and useful method to correct the hazard.

Scenario: An established company is told by a company ergonomist that several of the lifting and repetitive tasks at one facility are hazardous. Five employees have incurred musculoskeletal disorders (MSDs) resulting from the work. When the Occupational Safety and Health Administration (OSHA) conducts an inspection, it confirms the ergonomist’s findings and reports that the plant’s employees are exposed to significant risks from repetitive and heavy lifting. The company fails to take corrective action to decrease these known hazards.

Can OSHA cite the company for violating the General Duty Clause?

Click below to see the answer.

2658577044
Answer
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