When does OSHA use the General Duty Clause?

Only when no specific OSHA standard addresses the hazard. If a standard applies, OSHA must cite that standard instead. The GDC covers gaps such as heat illness, ergonomics, and workplace violence.

What must OSHA prove for a General Duty Clause citation?

Four elements: a hazard existed, it was recognized (by the employer or industry), it was likely to cause death or serious physical harm, and a feasible means existed to abate it.

Is the General Duty Clause a 'standard'?

No. It's a statutory duty in Section 5(a)(1) of the OSH Act, not a regulation in the CFR. That's why it only applies where no specific standard does.

OSHA term · Glossary

General Duty Clause

Verified vs OSHA sources · 2026-10-05

Section 5(a)(1) of the OSH Act, which requires every employer to provide a workplace free from recognized hazards likely to cause death or serious physical harm — even when no specific OSHA standard covers the hazard. It is OSHA's catch-all enforcement tool for hazards like heat, ergonomics, and workplace violence that have no dedicated rule.

OSH Act Section 5(a)(1)

Also known as: GDC, Section 5(a)(1), 5a1

General Duty Clause at a glance

Used only when no specific OSHA standard applies to the hazard.
OSHA must prove four elements (hazard, recognized, likely serious harm, feasible abatement).
Common GDC areas: heat illness, ergonomics, workplace violence, combustible dust.
A GDC citation can be classified serious or willful, with the same penalties as any violation.

In plain English

The rule that says “even if there's no specific OSHA standard for it, you still can't let workers face a known deadly hazard.” It's how OSHA cites dangers — like extreme heat — that don't yet have their own regulation.

What the source says, in summary

Each employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.
OSH Act §5(a)(1)Summarized, not quoted: read the source for its operative wording.

In context

An enforcement, recordkeeping, or general-duty concept under the Occupational Safety and Health Act and 29 CFR. These terms define how OSHA inspects, cites, and penalizes employers.

29 CFR Chapter XVII

Where this is written in OSHA's rules

OSH Act Section 5(a)(1)Read on eCFR / OSHA.gov

Example

There is no federal OSHA heat standard, so when a roofing crew has a heat-stroke fatality on a 100 °F day with no water, shade, or acclimatization, OSHA cites the employer under the General Duty Clause — a recognized hazard (heat) likely to cause death that the employer could feasibly have abated.

Why it matters

The General Duty Clause is how OSHA reaches today's hazards before a specific rule exists — heat being the highest-profile example. Because it requires a “recognized” hazard and a “feasible” fix, employers who ignore well-known industry guidance (like ANSI or NIOSH recommendations) are the most exposed to a GDC citation.

General Duty Clause vs. a specific standard

If a specific OSHA standard covers the hazard, OSHA must cite that standard — not the General Duty Clause. The GDC is a gap-filler used only when no standard applies. That's also why it's harder for OSHA to prove: it must establish all four elements rather than a simple rule breach.

The four elements of a General Duty Clause violation

#	Element OSHA must prove
1	A hazard existed in the workplace
2	The hazard was recognized (by the employer or the industry)
3	It was likely to cause death or serious physical harm
4	A feasible and useful method existed to abate it

General Duty Clause: frequently asked questions

When does OSHA use the General Duty Clause?: Only when no specific OSHA standard addresses the hazard. If a standard applies, OSHA must cite that standard instead. The GDC covers gaps such as heat illness, ergonomics, and workplace violence.
What must OSHA prove for a General Duty Clause citation?: Four elements: a hazard existed, it was recognized (by the employer or industry), it was likely to cause death or serious physical harm, and a feasible means existed to abate it.
Is the General Duty Clause a 'standard'?: No. It's a statutory duty in Section 5(a)(1) of the OSH Act, not a regulation in the CFR. That's why it only applies where no specific standard does.

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More OSHA terms

Abatement

The action an employer takes to fix a cited violation or eliminate a hazard OSHA identified during an inspection. The citation sets an abatement date, the deadline to correct the hazard, and within 10 calendar days after that date the employer must certify to OSHA that the violation was abated. Failure to abate accrues additional penalties of up to $16,550 per day.

Area Director

The senior OSHA official in charge of a specific OSHA Area Office — the local unit that runs inspections and enforcement in its geographic territory. The Area Director has the authority to issue citations, propose penalties, hold informal conferences with employers, and approve settlement agreements. When a Compliance Safety and Health Officer (CSHO) completes an inspection, it's the Area Director who ultimately issues the citation.

Bureau of Labor Statistics (BLS)

The federal statistical agency within the U.S. Department of Labor that collects, analyzes, and publishes data on workplace injuries, illnesses, and fatalities. BLS conducts the annual Survey of Occupational Injuries and Illnesses (SOII) — compiled from employer OSHA 300 logs — and the Census of Fatal Occupational Injuries (CFOI). SOII data drives OSHA's Site-Specific Targeting (SST) program: establishments whose DART rates significantly exceed their BLS industry average are placed on the SST inspection list.

Competent Person

Under OSHA's construction standards, a person who is capable of identifying existing and predictable hazards in the surroundings or working conditions, and who has the authorization to take prompt corrective measures to eliminate them. The role requires both knowledge and the authority to act, and is mandated by name in many specific standards — excavations, scaffolds, fall protection, asbestos, and more.

Citation

The formal written notice OSHA issues to an employer after an inspection, describing each alleged violation, the standard cited, the proposed penalty, and the date by which the hazard must be corrected (abated). OSHA must issue a citation with reasonable promptness and no later than six months after the violation occurred.

Closing Conference

The meeting at the end of an OSHA inspection where the compliance officer confers with the employer and informally advises them of any apparent violations found. Importantly, the closing conference discusses what was observed and the employer's rights — but it does NOT state final citations or penalties, which come later in the written Citation and Notification of Penalty.

Compliance Officer (CSHO)

An OSHA Compliance Safety and Health Officer — the inspector who conducts workplace inspections. A CSHO presents credentials (a photo ID and a serial number), holds the opening conference, performs the walkaround, collects evidence, interviews employees, and recommends citations. CSHOs are either safety specialists or industrial hygienists.

Contest

An employer's formal challenge to an OSHA citation, penalty, or abatement date. To contest, the employer must file a written Notice of Contest with the OSHA Area Director within 15 working days of receiving the Citation and Notification of Penalty. Filing sends the case to the independent Occupational Safety and Health Review Commission (OSHRC); missing the deadline makes the citation a final, un-appealable order.

Sources & verification

Reviewed by HazComFast against eCFR, OSHA.gov, NIOSH, and the Federal Register. Last reviewed 2026-10-05. This glossary is general information, not legal advice; OSHA State-Plan states (e.g. California, Michigan) may adopt stricter requirements.

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