Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

No. 7 OSHA Can Issue Citations for Unsafe Work Conditions That Do Not Violate Any Specific OSHA Standard

By Jared B. Caplan & Anne R. Yuengert on October 9, 2024
Email this postTweet this postLike this postShare this post on LinkedIn
No. 7 OSHA Can Issue Citations for Unsafe Work Conditions That Do Not Violate Any Specific OSHA Standard

Many employers have a false notion that OSHA cannot issue a citation if there is no specific standard violated.

The reality is, however, that OSHA has a catchall/gap filler provision that allows it to cite an employer even if no specific standard was violated: the “General Duty Clause,” Section 5(a)(1) of the Occupational Safety and Health Act. OSHA can cite employers for violation of the General Duty Clause if a recognized serious hazard exists in their workplace and the employer does not take reasonable steps to prevent or abate the hazard. The General Duty Clause is used only where there is no standard that applies to the particular hazard.

Basics of a General Duty Clause Case

Here are elements of a violation of the General Duty Clause:

  • The employer failed to keep the workplace free of a hazard to which employees were exposed;
  • The hazard was recognized;
  • The hazard was causing or was likely to cause death or serious physical harm; and
  • There was a feasible and useful method to correct the hazard.

So what constitutes a “recognized hazard”? According to the OSHA Field Operations Manual, “A hazard is recognized if the employer’s relevant industry is aware of its existence. Recognition by an industry other than the industry to which the employer belongs is generally insufficient to prove this element of a Section 5(a)(1) violation. Although evidence of recognition by an employer’s similar operations within an industry is preferred, evidence that the employer’s overall industry recognizes the hazard may be sufficient.” OSHA will appeal to the following sources to establish industry recognition of a hazard (see OSHA Field Operations Manual, Ch. 4, §III.6.B.):

  • Statements by safety or health experts who are familiar with the relevant conditions;
  • Evidence of implementation of abatement methods to deal with the particular hazard by other members of the employer’s industry;
  • Manufacturers’ warnings on equipment or in literature that are relevant to the hazard;
  • Statistical or empirical studies conducted by the employer’s industry that demonstrate awareness of the hazard;
  • Government and insurance industry studies, if the employer or the employer’s industry is familiar with the studies and recognizes their validity;
  • State and local laws or regulations that apply in the jurisdiction where the violation is alleged to have occurred and which currently are enforced against the industry in question; and/or
  • If the relevant industry participated in the committees drafting national consensus standards such as the American National Standards Institute (ANSI), the National Fire Protection Association (NFPA), and other private standard-setting organizations, this can constitute industry recognition.

Takeaway

The lesson here is stay up to date and implement safety precautions recommended in your industry regardless of whether OSHA has a standard for the particular recognized hazard.

Photo of Jared B. Caplan Jared B. Caplan

Jared Caplan has over two decades of multi-faceted experience in the construction, oilfield, and financial services industries. He has represented clients in litigation and transactions throughout the U.S.

Jared’s wide-ranging practice includes serving as a trusted advisor on business operations, regulatory compliance, and…

Jared Caplan has over two decades of multi-faceted experience in the construction, oilfield, and financial services industries. He has represented clients in litigation and transactions throughout the U.S.

Jared’s wide-ranging practice includes serving as a trusted advisor on business operations, regulatory compliance, and lending practices. He also has led successful defense efforts in multimillion-dollar litigation matters.

Read more about Jared B. CaplanEmailJared's Linkedin Profile
Show more Show less
Photo of Anne R. Yuengert Anne R. Yuengert

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and…

Anne Yuengert works with clients to manage their employees, including conducting workplace investigations of harassment or theft, training employees and supervisors, consulting on reductions in force and severance agreements, drafting employment agreements (including enforceable noncompetes) and handbooks, assessing reasonable accommodations for disabilities, and working through issues surrounding FMLA and USERRA leave. When preventive measures are not enough, she handles EEOC charges, OFCCP and DOL complaints and investigations, and has handled cases before arbitrators, administrative law judges and federal and state court judges. She has tried more than 30 cases to verdict.

Read more about Anne R. YuengertEmailAnne's Linkedin Profile
Show more Show less
  • Posted in:
    Employment & Labor, Featured Posts
  • Blog:
    Labor & Employment Insights
  • Organization:
    Bradley Arant Boult Cummings LLP
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Tennessee Insurance Litigation Blog
  • Claims & Sustains
  • New Jersey Restraining Order Lawyers
  • New Jersey Gun Lawyers
  • Blog of Reason
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo