When and under what conditions is the 5(a)(1)general duty clause used?
…[I]n cases where a particular hazard is not addressed by any OSHA standard, the general duty clause may be cited. The general duty clause, Section 5(a)(1) of the Occupational Safety and Health Act of 1970, applies to all employers and requires each employer to provide employees with a place of employment which is free of recognized hazards that may cause death or serious physical harm. Section 5(a)(1) citations must of course meet the requirements outlined in OSHA’s Field Inspection Reference Manual (FIRM) Chapter III. C., and will only be issued where there is a serious and recognized hazard in the workplace which can be feasibly abated.
