The OSHA General Duty Clause covers responsibilities not covered by a more specific rule at a workplace covered by the Occupational Safety and Health Act of 1970.
General Duty Clause for the employer: Occupational Safety and Health Act, Section 5(a)(1)
General Duty Clause for the employee: Occupational Safety and Health Act, Section 5(b)
General duty clause for the employer - both of the following:
(1) the employer furnishes conditions of employment to the employee
(2) the place of employment is free from recognized hazards capable of causing death or serious physical harm
Examples where cited:
(1) heat exposure
(2) workplace violence
Elements for enforcement:
(1) The employer is aware of a potential, recognizable problem (threat of, direct experience, etc).
(2) The employer must implement a feasible method to abate the hazard, combining engineering controls, administrative controls and training.
Under Section 5(b) it also states that the employee shall comply with all occupational safety and health standards and all rules, regulations, and orders issued pursuant to the act which are applicable to personal actions and conduct.
