Understanding OSHA's General Duty Clause

OSHA has increased its use of the General Duty Clause (GDC), Sec. 5(a)(1) of the OSH Act, in recent years. This "gap filler" requires employers to eliminate employee exposure to "recognized hazards" that could cause serious injury, in the absence of a more specific codified standard. New uses include holding employers responsible for not following industry-recognized best practices, national consensus standards, manufacturers recommendations, and stringent exposure limits for chemicals not otherwise regulated by OSHA. This session will explain the extent and limitations of OSHA's GDC authority, how recognition of hazards is imputed to employers, how OSHA document requests can be used as evidence of violations, and how to prepare effective legal defenses against GDC allegations. The use of GDC enforcement on emergent hazards such as nano materials, issues including ergonomics, workplace violence, infectious diseases, and its role in the ongoing PELs rulemaking will also be covered.