OSHA compliance has become increasingly complex in recent years. Furthermore, employers can comply with all standards relevant to their operations, but still be in non-compliance.
The truth is this:
The “general duty clause” allows the agency to issue citations and penalties to employers, even when the employer has not violated a specific standard.
Because it is impossible for OSHA to write standards for every conceivable hazard in the workplace, it uses the general duty clause to hold employers accountable for the hazards employees are exposed to in the workplace. OSHA states, “each employer shall furnish to each of [its] employees employment and a place of employment, which [is] free from recognized hazards.” This means OSHA can fine employers in violation of not complying with both specific standards and for recognized hazards in the workplace.
What can you do?
Consider a full assessment of your compliance and safety measures, as well as worksites. Persons with knowledge of OSHA standards and hazards associated with the workplace can conduct a thorough assessment to identify gaps in compliance and safety. Such assessments can avoid lengthy and costly inspections that can tarnish the public reputation of your operation.
Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your legal or medical needs.