The General Duty Clause

OSHA cannot write a standard for every hazard. The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, fills the gap: employers must keep their workplaces free of recognized hazards that are causing or likely to cause death or serious physical harm.

• Employers
• Workers
• Safety Professionals

What it says

Employers must furnish to each employee employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm. They must also comply with OSHA standards. Employees must follow the rules that apply to their own conduct.

When it applies

• When there is no specific OSHA standard that addresses the hazard, or the standard does not cover it fully.
• Examples where OSHA has used it: excessive heat, workplace violence, some ergonomic hazards, ammonia and other chemical hazards without limits, and unsafe use of equipment. See Heat Illness and Workplace Violence Laws.

What OSHA must prove

1. The employer failed to keep the workplace free of a hazard.
2. The hazard was recognized, by the employer itself, by the industry or because it is obvious to a reasonable person.
3. The hazard was causing or likely to cause death or serious physical harm.
4. There was a feasible and useful way to correct it (abatement).

Evidence can include injury records, industry standards, manufacturer warnings, company policies and expert opinion.

Limits

• It cannot be used if a specific standard covers the hazard. OSHA must cite that standard instead.
• It does not make employers insurers of safety; the hazard must be recognized and feasibly preventable.
• Employers can defend by showing the hazard was not recognized, not likely to cause serious harm or that no feasible fix existed, or employee misconduct that the employer tried to prevent.

What workers and employers should do

• Workers: report hazards even when no rule is cited. Your right to a safe workplace does not depend on a specific standard. See Worker Rights
• Employers: find hazards through inspections and injury data, and use the best available controls
• Use industry guidance, consensus standards and manufacturer instructions to define good practice
• Document the hazard assessment and corrective actions. See Employer Responsibilities

Last updated: October 8, 2026