General Duty Clause of OSH Act

Scope

The General Duty Clause extends OSHA’s authority beyond the specific requirements of the OSHA standards when a recognized, serious workplace hazard exists or potentially exists. It must be used by OSHA when:

• There is no specific standard which applies to a recognized, serious hazard in the workplace; or
• A standard exists, but it is clear that the hazards involved warrant additional precautions beyond what the current safety and health standards require.

The clause can also be applicable to some types of employment that are inherently dangerous (fire brigades, emergency rescue operations, and confined space entry).

However, section 5(a)(1) has limitations. It must not be used when a standard applies to the hazard. Also, it must not normally be used to impose a stricter requirement than those imposed by an OSHA standard OR to require additional abatement methods not set in an existing standard. The occurrence of an incident does not necessarily mean that the employer has violated section 5(a)(1); although, the incident may be evidence of a hazard.

According to chapter 4 of OSHA’s Field Operations Manual, the following elements are necessary to prove a violation of the General Duty Clause:

• The employer failed to keep the workplace free of a hazard to which employees of that employer were exposed;
• The hazard was recognized;
• The hazard was causing or was likely to cause death or serious physical harm; and
• There was a feasible and useful method to correct the hazard.

A general duty citation must involve both the presence of a serious hazard and exposure of the cited employer's own employees. Examples of hazards that have been cited under the section 5(a)(1) include, but are not limited to: heat stress, ergonomics, workplace violence, infectious diseases, combustible dust, drug/alcohol impairment, fall hazards not covered by OSHA standards, traffic hazards, laser hazards, unregulated chemical hazards, non-seatbelt use on forklifts, ride-on lawnmower hazards, bypassing the safety actuator on a pressure washer, cell phone use while driving, unanchored racking, structurally damaged racking, racking without rated load plaques, and aircraft towing. All federal OSHA General Duty Clause citations are found at www.osha.gov/ords/imis/generalsearch.html.

Editor’s note: On July 1, 2025, OSHA proposed to clarify its interpretation of the General Duty Clause to exclude from enforcement the known hazards that are inherent and inseparable from the core nature of a professional activity or performance. Examples include, but are not limited to, live entertainment and performing arts; animal handling and performance; professional and extreme sports; motorsports and high-risk recreation; tactical, defense, and combat simulation training; and hazard-based media and journalism activities. This rulemaking is not yet final, however.

Citations

• 29 U.S.C. 654 — Duties of employers and employees (This U.S. Code originates from Public Law 91-596, Occupational Safety and Health Act of 1970, which included section 5(a)(1), General Duty Clause.)

Key definitions

• Economic feasibility: This means that the employer is financially able to undertake the measures necessary. If an employer’s level of compliance lags significantly behind that of its industry, an employer’s claim of economic infeasibility will not be accepted.
• Feasible measures: Those measures that are capable of being done. OSHA will consider abatement measures feasible if they are implemented by other employers, recommended by the manufacturer of the hazardous equipment involved, suggested by trade journals or national consensus standards, suggested by employer work rules, or implemented by the employer after an incident, for example.
• Hazard: A workplace condition or practice to which employees are exposed, creating the potential for death or serious physical harm to employees.
• Illnesses that constitute serious physical harm: These include, but are not limited to: cancer; respiratory illnesses (e.g., silicosis, asbestosis, or byssinosis); hearing impairment; central nervous system impairment; visual impairment; or poisoning.
• Injuries that constitute serious physical harm: These include, but are not limited to: amputations (loss of all or part of a bodily appendage); concussion; crushing (internal, even though skin surface may be intact); fractures (simple or compound); burns or scalds, including electrical and chemical burns; cuts, lacerations, or punctures involving significant bleeding and/or requiring suturing; sprains and strains; and musculoskeletal disorders.
• Recognized: Employer recognition, industry recognition, or "common-sense" recognition of the hazard. If industry or employer recognition of the hazard cannot be established, hazard recognition can still be established if a hazardous condition is so obvious that any reasonable person would have recognized it.
• Technical Feasibility: The existence of technical know-how about materials and methods available or adaptable to specific circumstances, which can be applied with a reasonable possibility that employee exposure to occupational hazards will be reduced

Summary of requirements

In general, OSHA requires covered employers to:

• Identify and recognize serious hazards — This might involve:
  • Conducting job hazard analyses on a regular basis in order to identify the specific hazards associated with every job and to identify new job hazards.
  • Conducting regular workplace inspections beyond those required by OSHA standards.
  • Engaging employees in hazard identification.
  • Considering hazards when making changes (this is called management of change).
  • Regularly reviewing incident and injury/illness records to identify patterns or areas for concern.
  • Informing employees of their right to report work-related injuries/illnesses and the employer’s procedure for doing so.
  • Investigating every incident or injury/illness in the workplace to determine the specific cause(s) and to determine whether any action needs to be taken to prevent it from recurring.
• Implement feasible and useful methods to control recognized, serious hazards — This might include:
  • Making good-faith efforts to correct existing, recognized, serious hazards and to identify and address new ones as they appear.
  • Applying the hierarchy of controls.
  • Following the safety recommendations and operating instructions from the manufacturer of hazardous equipment.
  • Inspecting and maintaining machinery and equipment as recommended by the manufacturer.
  • Considering the safety and health recommendations made in applicable national consensus standards.
• Train workers in recognized, serious hazards and conduct periodic retraining as necessary.