Section 5(a) of the OSH Act states:
"The basic duties of employers and employees are that:
each employer shall furnish to each of its employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees, and shall comply with occupational safety and health standards promulgated under this Act
each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act that are applicable to his or her own actions and conduct.”
This basic duty of the employer often is referred to as the employers’ “general duty clause,” because it creates an obligation to safeguard employees against any recognized hazards even if no OSHA standard addresses the issue. This is discussed in detail in Employer’s general duty. Every employer is also required to post the OSHA required poster where all employees can see their rights and responsibilities. See Required postings.
Employers are charged with knowing all...
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