Safety Basics IV: The General Duty Clause

Ogletree Deakins Podcasts

In this installment of our Safety Basics podcast series, shareholders John Surma (Houston) and Phillip Russell (Tampa) discuss the Occupational Safety and Health Act’s General Duty Clause, which allows employers to be cited for conditions that create a hazard to health or a safety risk for employees if the hazard is “recognized.” Phillip and John review the four elements of a violation, how a hazard is defined under the General Duty Clause, limitations on who is subject to the General Duty Clause and how the Occupational Safety and Health Administration applies the standard, how employers can abate a recognized hazard (including economic feasibility), and practical tips to handle and/or prevent citations.