General Duty Clauses

General-duty clause A clause in the OSH act that requires the employer to provide a workplace that is free from recognized hazards likely to cause death or serious physical harm. 

Pulp and paper mills are subject to a section of the CAA that states that stationary sources using extremely hazardous substances have a general duty to initiate specific activities to prevent and mitigate accidental releases. The general duty requirements apply to stationary sources that produce, process, handle, or store these substances, regardless of the quantity. The general duty clause requires facilities to identify hazards that may result from accidental releases, to design and maintain a safe facility, and to minimize the consequences of releases when they occur. 

EPA 2000. Guidance for Implementation of the General Duty Clause Clean Air Act Section 112(r)(l). EPA 550-B00-002. U.S. Environmental Protection Agency. May. 

Numerous other OSHA regulations apply to the chemical industry in general, but are not specific to reactive hazards. Where no specific OSHA standards apply, the OSHA General Duty Clause (GDC Section 5(a)(1) of the 1970 Occupational Safety and Health Act) creates a legal obligation for an employer to address a known hazard, including a reactive hazard. 

The General Duty Clause of the Occupational Safety and Health Act (OSHA) of 1970 states that "Each employer. shall furnish to each of his employees, employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees ... More specifically, Section (e)(3) of 29 CFR 1910.119 states that process hazard analysis shall address facility siting. OSHA has recognized and pointed out the... 

In its NEP, OSHA points out that for workplaces not covered by 1910.272, but where combustible dust hazards exist within dust control systems or other containers, citations under section 5(a)(1) of the OSH Act (the General Duty Clause) may generally be issued for deflagration (fire) or explosion hazards. National Fire Protection Association (NFPA) standards should be consulted to obtain evidence of hazard recognition and feasible abatement methods. Other standards are applicable to the combustible dust hazard. For example, if the workplace has a Class II location, then citations under 29 CFR 1910.307 may be issued to those employers having electrical equipment not meeting the standard s requirements. 

The statute covers all employers and their employees in all the states and federal territories, with certain exceptions. Generally, the statute does not cover self-employed persons, farms employing solely family members, and those workplaces covered under other federal statutes. Refiners must evaluate whether the chemicals they manufacture and sell are hazardous. Under the General Duty Clause of OSHA, employers are required to provide an environment that is free from recognized hazards that could cause physical harm or death. 

Congress intended tluit OSHA be enforced tlu ough specific standards ill an effort to achieve a safe and healthful working enviromnent. A general duty clause was added to attempt to cover those obvious situations tliat were admitted by all concerned but for which no specific standard existed. The OSHA standards are an extensive compilation of regulations, some tliat apply to all employers (such as eye and face protection) and some tliat apply to workers who engaged in a specific type of work (such as welding or crane operation). 

PL 91-596, section 6(a), the General Duty Clause of the Occupational Safety and Health Act of 1970, requires employers to protect their employees from all recognized hazards in the workplace and is a general requirement applicable to all operations/activities involving chemicals. 

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