['General Duty Clause']

['Elements of a General Duty Clause Violation']

02/05/2026

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What elements are necessary for OSHA to prove a violation of the general duty clause?

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What elements are necessary for OSHA to prove a violation of the general duty clause?

RegSense Elements of a General Duty Clause Violation Safety & Health Construction Safety General Industry Safety Best Results FAQ English General Duty Clause Focus Area USA

According to OSHA’s Field Operations Manual (FOM) Chapter 4.III. General Duty Requirements, the following must have been established to prove a violation f 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.

['General Duty Clause']

['Elements of a General Duty Clause Violation']

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