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What is the General Duty Clause?

On Behalf of | Jun 23, 2023 | Workers' Compensation

When you go to work, you expect that your employer will provide a work environment that is free from safety issues and hazards. But this is not always the case and many employers today both knowingly and unknowingly violate the General Duty Clause.

According to the Centers for Disease Control and Prevention, the General Duty Clause comes from the OSHA Act of 1970 and requires employers to provide a place for their employees to work that does not have hazards likely to cause serious physical injuries or death. The following are a few things you should know about this clause and how it affects you as an employee.

The four conditions for a citation

For an employer to receive a citation under the General Duty Clause, four conditions must be present. First, the employer must have failed to eliminate the workplace hazard and second, the cited hazard must be recognizable. Third, the hazard must be likely to cause serious physical harm or death and fourth, a way to correct the hazard must be available.

Examples of violations

There are many ways employers can violate the terms of the General Duty Clause. For example, they can require employees to lift loads above shoulder height, fail to provide proper fall protection to employees working at heights or fail to provide a way for employees to access emergency medical assistance when working alone.

If your employer failed to follow the terms of the General Duty Clause and you sustained injuries at work, you may become unable to return to work and your normal daily life. Take action to protect your rights to fair and proper compensation.