What is the general duty clause?
The general duty clause is defined in the Occupational and Safety Health Act of 1970 Section 5 (a)(1) and states 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. This clause has been cited in the past and court precedent and the review commission have borne out the validity of the general duty clause given certain elements are present: • The employer failed to keep the workplace free of a hazard to which employees of that employer were exposed. • The hazard was causing or was likely to cause death or serious physical harm. • The hazard was recognized (i.e. safety, trade organization, industry customs). • There was a feasible and useful method to correct the hazard. So, although NFPA 70E is not a standard or a law, the intent is clear: companies are expected to maintain a safe place of employment for their workers, inclu
