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Institute Elements of a General Duty Clause Violation Analysis Safety & Health General Industry Safety General Duty Clause What would you Do Answers English General Duty Clause Focus Area USA

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
Institute Elements of a General Duty Clause Violation Analysis Safety & Health General Industry Safety General Duty Clause What would you Do Answers English General Duty Clause Focus Area USA

The four elements OSHA considers: Answer

Institute Elements of a General Duty Clause Violation Analysis Safety & Health General Industry Safety General Duty Clause What would you Do Answers English General Duty Clause Focus Area USA

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.
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Answer
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