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OSHA General Duty Clause for employers & employees

The General Duty Clause of the United States Occupational Safety and Health Act (Federal OSHA) states:

29 U.S.C. § 654, 5(a)1: Each employer shall 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 his employees.”

29 U.S.C. § 654, 5(a)2: Each employer shall comply with occupational safety and health standards promulgated under this act.

29 U.S.C. § 654, 5(b): Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.

The general duty provisions are used in inspections only where there are no specific standards applicable to the particular hazard involved. Any recognized hazard created in part by a condition not covered by a standard may be cited under the general duty clause.

If you have any questions contact Sam Joshi, P.E. at (215) 389-2811.

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