Written by Chris Mitchell
Director, Health & Pharma | CSP, CHST
OSHA exists to ensure safe and healthful working conditions for employees across the United States. By setting and enforcing standards and offering training, outreach, and assistance, OSHA plays a foundational role in promoting workplace safety with OSHA compliance standards. One of its most widely applicable—but sometimes misunderstood—tools is the General Duty Clause.
What Is The General Duty Clause?
The General Duty Clause is part of the Occupational Safety and Health Act of 1970. It serves as a catch-all provision that requires employers to keep their workplaces free of recognized hazards that are likely to cause death or serious physical harm, even if those hazards aren’t addressed in specific OSHA regulations.
In simple terms, if a hazard exists—and it’s known to cause harm—employers are expected to take action, whether or not a specific OSHA standard covers it. This clause fills critical gaps where no formal regulation may exist, but clear risk still does.
What Does the General Duty Clause Require Employers to Do?
Employers must take proactive steps to identify and eliminate workplace hazards that are both recognized and preventable. This means conducting thorough assessments of worksites, understanding industry best practices, and implementing controls when risks are identified.
Even in the absence of a specific rule, the expectation is clear: if it can cause serious injury or death and you know about it, you’re responsible for addressing it. Waiting for a written standard isn’t an excuse.
Key Elements for OSHA General Duty Clause Citations:
To cite an employer under the General Duty Clause, OSHA must meet specific criteria. These elements help define whether a hazard justifies enforcement under this broad rule.
Hazards Recognized
The hazard must be known—either commonly recognized in the industry or specific to the employer’s operations. For example, if workers are exposed to extreme heat and no controls are in place, that’s a recognized risk. Industry guidelines, internal safety documents, or past incidents can all establish recognition.
Causes of Illness, Injury, or Death
The existence of an action or situation that presents a risk of serious harm or fatality must be established. This might include repetitive stress injuries from poorly designed workstations, exposure to harmful chemicals without ventilation, or the risk of falling from unprotected heights. The outcome must go beyond minor injuries and have the potential for a significant impact.
Employer Failed to Make a Safe Workplace
There must be evidence that the employer did not take reasonable steps to prevent the hazard. This could look like skipping regular inspections, ignoring employee reports of unsafe conditions, or failing to provide adequate training on equipment use. A reactive safety posture—rather than a preventative one—often leads to this type of failure.
Feasible Solutions Not Implemented
OSHA must demonstrate that practical and effective safety measures were available but not used. For instance, if machine guarding is known to reduce amputation risks and an employer doesn’t install it, that’s a missed opportunity to control a serious hazard. The existence of viable, established controls is a key part of this element.
The General Duty Clause Requires:
Employers must demonstrate more than basic compliance. They’re expected to actively manage and reduce risks that could seriously harm their teams.
Here are some of the requirements OSHA needs:
- Hazard identification — Employers must regularly assess working conditions for known and emerging risks.
- Industry awareness — Staying current on recognized hazards in your industry is essential to compliance.
- Preventive action — Address risks before they result in injury, even without a formal standard in place.
- Employee training — Workers must be informed about the hazards they face and how to work safely.
- Use of available controls — Employers must implement feasible engineering or administrative solutions.
- Incident documentation — A history of complaints, reports, or near misses may support OSHA citations.
- Corrective follow-through — Once a risk is identified, actions must be tracked and verified as complete.
OSHA General Duty Clause Limitations
While powerful, the General Duty Clause isn’t a free-for-all enforcement tool. OSHA cannot use it to issue citations if a specific standard already covers the hazard in question. It’s also not meant for hazards that don’t pose serious harm.
Additionally, the burden of proof for OSHA is high. The agency must show that the hazard was both recognized and preventable, and that the employer had knowledge and the means to correct it. These limitations make the clause effective, but not arbitrary.
Become OSHA Compliant with SMG
Understanding and applying the General Duty Clause is one thing—implementing a comprehensive compliance strategy is another. That’s where Safety Management Group comes in. We support Clients through safety audits, hazard assessments, and safety program development that goes beyond checking boxes. Whether you’re managing pharma facilities, construction projects, or manufacturing operations, we’ll help you identify risks early and build systems that stand up to scrutiny.
Reach out to SMG to discuss how we can support your compliance management program—from field execution to strategic oversight.
