Skip to main content
OROSHARecord
Standards & Metrics

General Duty Clause (Section 5(a)(1))

The OSH Act provision requiring employers to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.

General Duty Clause (Section 5(a)(1)) is a term from U.S. workplace-safety regulation — typically a category in OSHA enforcement, a citation classification, or a worker-protection concept under the OSH Act. The definition here is the practical worker-facing meaning. Understanding General Duty Clause (Section 5(a)(1)) is part of reading OSHA enforcement records defensibly. Citation classifications (serious, willful, repeat, other-than-serious, de minimis) carry meaningfully different implications for both employers and workers, and the worker-relevant interpretation often differs from the strict legal definition.

Each company page on OSHARecord surfaces General Duty Clause (Section 5(a)(1))-relevant data for that specific employer, so the general definition here translates into concrete enforcement-history detail on the per-employer pages workers actually use.

What It Means

Section 5(a)(1) of the Occupational Safety and Health Act, known as the General Duty Clause, serves as a catch-all provision that OSHA uses to cite employers for hazards not covered by specific OSHA standards. The clause requires each employer to "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 issue a General Duty Clause citation, OSHA must establish four elements: the employer failed to keep the workplace free of a hazard; the hazard was recognized by the employer or the industry; the hazard was causing or likely to cause death or serious physical harm; and a feasible and useful abatement method existed. The General Duty Clause is frequently used to address emerging hazards such as workplace violence, extreme heat exposure, and ergonomic risks where specific standards do not yet exist. Citations under the General Duty Clause carry the same penalties as Serious violations.

Frequently Asked Questions

What does "General Duty Clause" mean in OSHA context?

The OSH Act provision requiring employers to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.

Why does General Duty Clause matter for workplace safety?

Section 5(a)(1) of the Occupational Safety and Health Act, known as the General Duty Clause, serves as a catch-all provision that OSHA uses to cite employers for hazards not covered by specific OSHA standards. The clause requires each employer to "furnish to each of his employees employment and a pl...

Related Terms

OSHA (Occupational Safety and Health Administration)
The federal agency responsible for enforcing workplace safety and health standards across the United States.
Serious Violation
A violation where a workplace hazard could cause death or serious physical harm and the employer knew or should have known about it.
Citation
A formal written notice issued by OSHA to an employer describing the specific violation, the standard violated, the proposed penalty, and the deadline for correction.
Abatement
The corrective action an employer must take to eliminate or control a cited workplace hazard within the timeframe specified by OSHA.

Learn More

About This Data

Definitions based on OSHA standards, the OSH Act of 1970, and federal enforcement guidance. Penalty amounts reflect 2026 inflation-adjusted maximums. See our methodology.