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What does the general duty clause require employers to do?

Question

What does the general duty clause require employers to do?

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Solution

The General Duty Clause, which is a part of the Occupational Safety and Health Act of 1970 (OSHA), mandates that employers provide a workplace that is free from serious recognized hazards. The core requirements are as follows:

  1. Ensure a Safe Working Environment: Employers must maintain a workplace that is, to the extent feasible, free from hazards that may cause death or serious physical harm to employees.

  2. Recognize Hazards: Employers are required to recognize any hazards that could potentially harm employees. This includes both broadly recognized dangers within the industry and any specific hazards that are evident in the workplace.

  3. Take Preventive Measures: Once a hazard is recognized, it is the employer's responsibility to take steps to eliminate or mitigate these hazards. This can include implementing safety policies, providing personal protective equipment (PPE), and ensuring proper training for employees.

  4. Compliance with Standards: Although specific safety standards may vary based on industry, the General Duty Clause serves as a guideline to ensure that employers take reasonable measures to protect the health and safety of their employees.

In summary, the General Duty Clause requires employers to actively work towards ensuring a safe working environment by identifying hazards and protecting employees from potential harm. Failure to adhere to this requirement can result in citations and penalties from OSHA.

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