"Recognized" Hazards
Occasionally, students ask what is considered a "recognized" hazard in the workplace. As described in OSHA's Field Compliance Manual, recognition of a hazard is established on the basis of industry recognition, employer recognition, or "common sense" recognition criteria. Let's take a closer look at these three categories to better understand what OSHA means.
- Industry Recognition. A hazard is recognized if the employer's industry recognizes it. Recognition by an industry, other than the industry to which the employer belongs, is generally insufficient to prove industry recognition. Although evidence of recognition by the employer's specific branch within an industry is preferred, evidence that the employer's industry recognizes the hazard may be sufficient.
- Employer Recognition - A recognized hazard can be established by evidence of actual employer knowledge. Evidence of such recognition may consist of:
- written or oral statements made by management or supervisory personnel during or before the OSHA inspection; or
- instances where employees have clearly called the hazard to the employer's attention.
- Common Sense Recognition. If industry or employer recognition of the hazard cannot be established, recognition can still be established if it is concluded that any reasonable person would have recognized the hazard. This argument is used by OSHA only in flagrant cases.
Note: Throughout our courses, we argue that "common sense" is a dangerous concept in safety. Employers should not assume that accidents in the workplace are the result of a lack of common sense.
Knowledge Check Choose the best answer for the question.
2-3. During their inspection, OSHA discovered a hazard that had been reported earlier to a supervisor. Under what recognition category did OSHA likely issue the fine?
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