Section 5(a)(1) of the OSH Act is commonly referred to as the “general duty clause.” It expresses the recognition by Congress that the Secretary of Labor could not address every hazard in the workplace by means of a tailored standard. The clause states that:
“Each employer shall furnish to each of his [or her] 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 his [or her] employees …”
This provision gives broad authority to the Secretary to issue a citation when no specific standard applies. Such a citation generally is permitted only when there is no applicable standard covering the alleged safety or health hazard. In fact, the existence of a specific standard addressing the hazard cited under the clause can be raised as an affirmative defense to a general duty citation.
In order to demonstrate a violation of the general duty clause, the secretary must prove each element of this four-part test: