Consensus Standards and OSHA General Duty Clause
- Consensus Standards and OSHA General Duty Clause
- The General Duty Clause, Section 5(a)(1) of the OSH Act.can be used to cite mployers that fail to keep a workplace free of hazards, but only where there is no OSHA standard that applied to the particular hazard involved. In evaluating such situation, the hazard must be recognized (by industry or the emplover), must have caused or be likely to cause death or serious physical harm, and a feasible mean to correct the hazard must be available. Consensus standars may be used to provide a feasible means of abatement and establish employer and industry knowledge.
Section 5(a)(1) is not :