611 OSHA's General Duty Clause: A Guide to Enforcement and Legal Defenses
The General Duty Clause (GDC), Section 5(a)(1) of the Occupational Safety and Health Act of 1970, was intended to serve as a “gap filler” to address recognized hazards that the Occupational Safety and Health Administration (OSHA) has not yet regulated. To establish a violation of the GDC, the Secretary of Labor must prove: (1) that the employer failed to render its workplace free of a hazard which was (2) “recognized” and (3) causing or likely to cause death or serious physical harm and (4) that feasible
means exist to free the workplace of the hazard.
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