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
The federal agency responsible for enforcing workplace safety and health standards across the United States.
A violation where a workplace hazard could cause death or serious physical harm and the employer knew or should have known about it.
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.
The corrective action an employer must take to eliminate or control a cited workplace hazard within the timeframe specified by OSHA.
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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.