What does the OSHA General Duty Clause Require Employers to do?

The Occupational Safety and Health Administration (OSHA) protects workers in the United States by enforcing safety standards and holding employers accountable for unsafe conditions. However, not every workplace hazard is covered by a specific regulation. This is where the OSHA General Duty Clause becomes extremely important.

If you have ever asked, “What does the OSHA General Duty Clause require employers to do?”—The answer is simple but powerful: It requires employers to provide a workplace free from recognized hazards that can cause death or serious harm; this is similar to the employer’s duty of care.

This article breaks the clause down in plain language, explains your legal responsibilities, and gives practical steps to comply.

What Is the OSHA General Duty Clause?

The General Duty Clause is found in Section 5(a)(1) of the Occupational Safety and Health Act of 1970. It states:

“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.”

Because OSHA cannot create a specific standard for every possible hazard, this clause serves as a catch-all legal requirement. It empowers OSHA to cite employers even when no specific standard exists—as long as the hazard is recognized and potentially harmful.

Why the General Duty Clause Matters

The clause is especially important because:

• Many emerging hazards (e.g., heat stress, workplace violence, infectious diseases) may not have detailed OSHA standards.

• Employers cannot avoid responsibility simply because OSHA has not yet created a rule for every situation.

• It legally reinforces the employer’s responsibility for keeping workers safe.

In other words, the General Duty Clause closes the gaps in OSHA regulations.

What Does the OSHA General Duty Clause Require Employers to Do?

To comply with the General Duty Clause, employers must meet four core obligations:

1. Identify Recognized Hazards in the Workplace

2. Eliminate or Reduce These Hazards

3. Follow Industry Standards and Best Practices

4. Protect Employees from Known Risks Likely to Cause Serious Harm

Let’s break these down one by one.

1. Identify Recognized Hazards in the Workplace

A hazard is recognized if:

• It is known in your industry

• It is commonly found in OSHA documents or consensus standards

• It is obvious to a reasonable employer

• It has been highlighted in employee complaints or near-miss reports

Examples of recognized hazards include:

• Working at heights without fall protection

• Exposure to hazardous chemicals without controls

• Uncontrolled machine energy (lockout/tagout hazards)

• Extreme heat exposure

• Workplace violence risks in healthcare, retail, or social services

• Confined spaces without proper ventilation

Read Also: What Is Duty Of Care In The Workplace

Employers must proactively look for hazards. OSHA expects employers to know what a competent person in their industry should know.

Practical steps to identify hazards:

• Conduct regular workplace inspections

• Perform job hazard analyses (JHAs)

• Listen to employee complaints or feedback

• Review incident, accident, and near-miss records

• Stay updated with OSHA publications, bulletins, and enforcement trends

• Benchmark against industry associations like NFPA, ANSI, and ASSE

Failing to recognize a hazard is not an excuse—OSHA assumes employers understand the risks present in their industry.

2. Eliminate or Reduce These Hazards

Once hazards are identified, employers must either:

• Eliminate the hazard, or

• Control it to the lowest feasible level

OSHA expects employers to use the Hierarchy of Controls, which includes:

1. Elimination: Remove the hazard entirely. Example: Replace a hazardous chemical with a safer alternative.

2. Substitution: Use a less dangerous material or process.

3. Engineering Controls: Physically isolate people from hazards. Examples: Machine guards, ventilation systems, and fall protection anchors.

4. Administrative Controls: Change the way people work. Examples: Rotating workers to reduce heat exposure, implementing safe work procedures.

5. Personal Protective Equipment (PPE): Using PPE as the last line of defense. Examples: Gloves, respirators, face shields, hard hats.

Employers violate the General Duty Clause if they:

• Know about a hazard

• Fail to take reasonable steps to fix it

• Fail to implement feasible controls

• Ignore warnings or employee reports

OSHA does not expect employers to eliminate all hazards, but they must reduce risks to the lowest practicable level.

3. Follow Industry Standards and Best Practices

Even when OSHA has no specific regulation, employers must follow recognizable industry guidelines, such as:

• ANSI standards

• NFPA fire and electrical codes

• NIOSH recommendations

• Industry association guidance

• Manufacturer safety instructions

OSHA often uses these standards to determine:

• Whether a hazard was recognized

• What controls a reasonable employer should implement

If an industry widely adopts a safety practice, OSHA expects employers in that industry to follow it.

4. Protect Employees from Known Risks Likely to Cause Serious Harm

The clause focuses on hazards that can cause:

• Death

• Serious bodily harm

• Long-term illness

• Severe physical injury

Examples include:

• Heat stroke

• Crushed limbs from unguarded machinery

• Silica exposure

• Benzene exposure

• Workplace violence in high-risk settings

• Electrocution

Employers must ensure workers are not exposed to these risks—even if no OSHA standard specifically addresses them.

When Does OSHA Use the General Duty Clause?

OSHA uses the General Duty Clause when:

• No specific OSHA standard applies to the hazard

• The hazard is widely recognized

• The risk is serious

• The employer had or should have known of the hazard

• A feasible method exists to correct it

Examples of OSHA General Duty Clause citations include:

• Extreme heat exposure in warehouses

• Workplace violence in healthcare settings

• Infectious disease exposures

• Oil and gas wellsite explosions

• Poor indoor air quality

• Ergonomic hazards leading to musculoskeletal injuries

• Failure to control chemical exposures not specifically regulated

4 Elements OSHA Must Prove to Cite an Employer

OSHA must prove all four of the following:

1. A Hazard Exists: There must be a dangerous workplace condition.

2. The Hazard Is Recognized: Recognition can come from:

• Industry standards

• Employer’s own policies

• Manufacturer warnings

• OSHA bulletins

• Employee complaints

3. The Hazard Could Cause Serious Harm or Death: OSHA must show that the risk is severe, not minor.

4. A Feasible Way to Correct the Hazard Exists: If the solution is economically and technically feasible, the employer is responsible for implementing it.

Read Also: What is the Safe and Healthful Workplace Clause

If OSHA cannot prove even one of these elements, the citation may not stand.

Examples of Situations Where the General Duty Clause Applies

Below are real-life scenarios where OSHA uses the clause:

1. Heat Stress in Construction and Warehousing

OSHA has no specific federal heat standard, but employers can still be cited.

Recognized controls include:

• Shade

• Water breaks

• Work/rest cycles

• Acclimatization plans

2. Workplace Violence in Healthcare

Hospitals and clinics must implement controls like:

• Panic buttons

• Adequate staffing

• Violence prevention programs

3. Ergonomic Hazards in Manufacturing

If repetitive tasks cause musculoskeletal disorders, OSHA may cite the employer even though no formal ergonomics standard exists.

4. Infectious Disease Exposure

During pandemics or flu outbreaks, OSHA may issue citations under the General Duty Clause if employers fail to:

• Provide basic infection control measures

• Supply PPE when appropriate

• Train workers on exposure prevention

5. Hazardous Chemicals Without Standards

Some dangerous chemicals are not regulated by OSHA’s permissible exposure limits (PELs).
Employers must still control exposure using recognized best practices.

How Employers Can Comply with the General Duty Clause

Below are actionable steps to ensure compliance:

1. Implement a Comprehensive Safety Program

Your program should include:

• Written policies

• Risk assessments

• Training protocols

• Emergency response plans

• Incident reporting systems

2. Conduct Regular Hazard Assessments

Use inspections, job hazard analyses, and root-cause analysis to identify and control risks.

3. Train Workers Effectively

Training should cover:

• Hazard identification

• Safe work procedures

• Emergency actions

• PPE use and maintenance

• Reporting unsafe conditions

Training must be:

• Documented

• Understandable

• Conducted regularly

4. Document All Safety Efforts

Good records can protect against OSHA citations.

Document:

• Inspections

• Safety meetings

• Corrective actions

• Employee complaints

• Training sessions

5. Follow Consensus Standards Even If They Are Not Legally Required

This includes:

• ANSI

• NFPA

• ASSE/BCSP

• NIOSH guidelines

Following these standards strengthens compliance and worker protection.

6. Respond Quickly to Hazards

When employees report unsafe conditions:

• Investigate immediately

• Take corrective action

• Follow up to ensure hazard elimination

Ignoring employee reports almost always leads to OSHA citations.

7. Continuously Improve Your Safety Program

The General Duty Clause expects employers to evolve with new hazards, technologies, and industry practices.

Consequences of Violating the General Duty Clause

Violations can lead to:

• OSHA fines

• Increased workers’ compensation premiums

• Civil liability

• Business interruptions

• Reputational damage

• Criminal charges in extreme cases

Read Also: What Rights Do Workers Have Under OSHA?

Fines can exceed tens of thousands of dollars per citation, especially for willful or repeat violations.

Conclusion: What the OSHA General Duty Clause Requires Employers to Do

To summarize, the OSHA General Duty Clause requires employers to:

1. Identify recognizable hazards in the workplace.

2. Protect employees from hazards likely to cause death or serious harm.

3. Implement feasible controls to eliminate or reduce those hazards.

4. Follow industry-recognized best practices even when no OSHA standard exists.

The clause underscores the principle that employers cannot wait for OSHA to regulate every hazard. They must be proactive, responsible, and committed to providing a safe work environment.

When properly implemented, the General Duty Clause not only protects workers but also strengthens productivity, compliance, and business continuity.