What does the general duty clause require employers to do quizlet?
General Duty Clause: The general duty clause, or Section 5(a)(1) of the Act requires each employer to “furnish a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.”
Which of the following is referred to as a general duty clause?
Commonly known as the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act of 1970 is intended to give OSHA a means to address hazards for which no standard is on the books. Current examples include heat-related illnesses and workplace violence in health care and social services.
What is a general clause?
General or Miscellaneous sections typically include clauses addressing the following issues: Amendment (example clauses) Assignment and Transfer (example clauses) Entire Agreement (example clauses) Notices (example clauses)
What are the four elements that must be present to prove a violation under the general duty clause?
The following elements are necessary to prove a violation of the General Duty Clause: The employer failed to keep the workplace free of a hazard to which employees of that employer were exposed; The hazard was recognized; The hazard was causing or was likely to cause death orserious physical harm; and.
Why is there a general duty clause?
The General Duty Clause from the OSHA Act of 1970 requires that, in addition to compliance with hazard-specific standards, all employers provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Workplace violence is a recognized hazard within the …
What are the limitations of the general duty clause?
There are limitations in issuing General Duty Clause violations, such as requirements that the hazard is serious and a means of feasible abatement exists. Increased use of the General Duty Clause may lead to the promulgation of specific standards.
What is a recognized hazard?
The hazard must be a recognized hazard, meaning that the employer knew or should have known about the hazard in the situation, the hazard is obvious or it is a recognized one within the industry.