General Duty Clause in a Nutshell — Know Your Hazards, Protect Your Employees

Legal documents frequently offer the best examples of the power of words. Since OSHA (Occupational Safety and Health Administration) is responsible for the safety of many types of work environments, they have devised a series of rules that are location and industry specific. However, the “General Duty Clause,” is what OSHA has lovingly named their most comprehensive rule.

This clause is located in section 5 of the O.S.H. Act of 1970. Code: 29 USC 654. In short, the General Duty Clause provides a basic outline of things for employers and employees to consider.

In OSHA’s terminology (as defined on their website):
a) Each employer —

1. 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
2. Shall comply with occupational safety and health standards promulgated under this Act 

b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.

In familiar terminology, the General Duty Clause is saying:

Employers need to educate themselves about the legal requirements set forth in the Occupational Safety and Health Act. Plus, employers need to remove as many potential risks and hazards in the workplace as possible. Meanwhile, the employees need to make sure that they are aware of and following the guidelines that apply to their particular line of work as outlined by any relevant and “nationally recognized” safety standards.

Since there are constant updates and revisions within the world of safety engineering, it is nearly impossible for OSHA to provide current information about the safety requirements of all the hazards in various industries. And thus, the General Duty Clause was born!

OSHA loves the General Duty Clause because it places safety regulation and responsibility directly on business owners to know about any relevant safety standards. Meanwhile, program administrators, employers, and employees gain that information indirectly from their owners and top-tier executives. In essence, the General Duty Clause is a direct way for OSHA to incorporate all rules set forth by any nationally recognized safety standards in any place of employment. The General Duty Clause is extremely open-ended which allows for the different safety standards that apply to different industries.

As far as fall protection is concerned, the General Duty Clause requires employers to notice when their employees may be at risk for a fall. In order to combat gravity, vertigo, potential worker impairment, weather hazards, manufacturing equipment, and a slurry of other things that can influence a workplace fall, employers and employees should be working together to determine when a fall arrest system is necessary within the workplace. As a result of the plethora of factors that can influence a fall, the General Duty Clause allows the government to say, “Hey there, make sure that you follow applicable and nationally recognized safety standards like the Fall Protection Code and ANSI Z359!”

Program administrators, competent people, and employers should take it upon themselves to research and implement a fall arrest system that is appropriate for their work environment. Every single layer of the company should take the time and effort to learn how to wear, use, and maintain the longevity of their fall arrest equipment. By working together, all members of a company — from owner to authorized user — should be able to describe and follow the standards that have been developed and published by OSHA. Although safety standards may not be as riveting as a Steven King novel, they are a crucial part of establishing the safety of all people within a hazardous work environment.

Feel free to enter questions into the comments section below. In the meantime, stay safe!

Hannah Addison