The General Duty Clause (GDC)
Where there are no specific OSHA standards, employers must comply with the OSHA Act Section (5)(a)(1), General Duty Clause (GDC) which says:
- "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."
OSHA defines a hazard as "a workplace condition or practice to which employees are exposed, creating the potential for death or serious physical harm to employees."
To be cited by OSHA, the hazard must be clearly stated and defined in terms of the presence of a hazardous condition or practice that presents a particular danger to employees. Also, the hazard must be a condition or practice that can reasonably be abated by the employer.
What OSHA must prove to cite an employer
A GDC citation must involve both the presence of a serious hazard and exposure of the cited employer's own employees. In general, the following criteria are necessary to prove a violation of the general duty clause:
- The employer failed to keep the workplace free of a hazard to which employees of that employer were exposed;
- The hazard was recognized;
- The hazard was causing or was likely to cause death or serious physical harm; and
- There was a feasible and useful method to correct the hazard.
Knowledge Check Choose the best answer for the question.
4-4. Where there are no specific OSHA standards, employers must comply with _____.
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