General Duty Clause , industrial

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. 

In fact, after the General Duty Clause (OSH Act Sec. 5(a)(1)), the recordkeeping regulation is the most violated OSHA regulation in the trucking industry. 

Under this section companies are required to identify confined spaces throughout their facilities as detailed in 1910.146. Although the standard specifically exempts the construction industry, OSHA can cite under the general duty clause. A confined space... 

I The construction industry, general duty clause, and the bloodborne pathogens standard —... 

The courts have interpreted OSHA s general duty clause to mean that an employer has a legal obligation to provide a workplace free of conditions or activities that either the employer or industry recognizes as hazardous and that cause, or are hkely to cause, death or serious physical harm to employees when there is a feasible method to abate the hazard. 

Specifically, OSHA says that employers would not be cited under Subpart D, Walking-Working Surfaces. However, the letter also says that The General Duty Clause requires an employer to provide employees with a workplace that is free from hazards that are recognized by the employer s industry and that are likely to cause death or serious physical harm. Thus, where feasible means exist to eliminate or materially reduce the hazard, a citation can be issued for a General Duty Clause violation. In other words, employers need to assess whether fall protection can be used when working on top of rolling stock. If it can, it must be. 

As noted above, in using the General Duty Clause, OSHA references the manufacturer s guidelines as well as industry/ANSI standards. 

The General Duty Clause, Section 5(a)(1) of the OSHAct, requires an employer to provide employees with a workplace that Is free from hazards that are recognized by the employer s industry and that are likely to cause death or serious physical harm. Thus, where feasible... 

OSHA standards cover four main categories General Industry Standards, 29 Code of Federal Regulations (CFR) Part 1910 Construction Standards, 29 CFR Part 1926 Maritime and Longshoring Standards, 29 CFR Parts 1915, 1918 and Agricultural Standards, 29 CFR Part 1928. The relevant specific industry standard is cited with respect to workplace conditions found in violation of the OSH Act. However, where a specific standard is not apphcable, OSHA may cite employers for violating its General Duty Clause. ... 

The General Duty Clause is found in Section 5(a) of the OSH Act and provides that covered employees shall provide a workplace that is free from acknowledged hazards causing, or likely to cause, death or serious physical harm or illness. To prove a General Duty Clause violation, the Secretary of Labor must demonstrate (1) a condition or activity in the employer s workplace presented a hazard or could potentially prove to be hazardous for employees (2) the employer or the employer s industry had full or partial knowledge of the hazard (3) the hazard could potentially have caused or was likely to cause death or serious physical harm and (4) reasonable means existed to eliminate or reduce the threat posed by the hazard. 

General Machine Guarding—1910.212 Powered Industrial Trucks—1910.178 General Duty Clause of the OSH Act... 

There is no specific general industry OSHA regrJation that addresses portable ladder storage. OSHA s General Duty Clause may be effective if ladder storage poses a risk to employee safety. 

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