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.