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

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