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Safety Agency’s General Duty Clause Sows General Confusion

March 14, 2019, 4:58 PM

There’s general confusion about OSHA’s general duty clause, a law requiring employers to have a workplace free of recognized hazards that can reasonably be mitigated.

Judges are asking if the Occupational Safety and Health Administration is applying the law too broadly, OSHA representatives contend its enforcement is consistent, and industry-side attorneys say clients aren’t sure when they’re complying.

OSHA, meanwhile, is depending on the clause to cite employers for workplace violence and heat stress problems.

X + Y = Compliance

“You need to have a standard that everybody knows if I do ‘X’ and ‘Y’ that will be compliance with ...