Duty Clause

September 2020 OSHA 30/30: OSHA Issues First COVID-19 Citation Under General Duty Clause by Keller and Heckman LLP

OSHA’s use of the general duty clause can be subjective. It requires employers to provide each employee with a workplace that’s free from recognized hazards that cause or are likely to cause death or serious physical harm. For OSHA to prove such a condition exists, there are four elements they must establish for a successful citation. This podcast will cover these elements.

Did you know OSHA can issue a citation for any serious hazard, even if it isn’t covered by a specific OSHA standard? OSHA can even require training in circumstances where OSHA doesn’t even have a training standard. This podcast will cover OSHA’s general duty clause – its most comprehensive standard covering workplace safety.

In this program, we will discuss:- Background on occupational heat stress and the general duty clause- Review of the case's factual context and the ALJ decision-Analysis of the Commission's decision- Discussion: How should heat stress be regulated?- What employers should do

In this program, we discuss:- Background on the General Duty Clause- Discussion of the case's factual context and ALJ decision- Analysis of the Court's decision and its precedential impact- Comparison: General Duty Clause versus a Workplace Violence Standard- What employers should do

In this program, we will discuss:Background on the General Duty Clause Prima facie elements of a General Duty Clause violationExplanation of reasonable diligence requirementsFacts in recent Occupational Safety and Health Review Commission caseOSHRC decision and implications for employersWhat employers should do