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OSHA The General Duty Clause
By Paul J. Tibbs
The "General Duty Clause" is the most overlooked aspect of U.S. Occupational
Safety and Health
Act (OSHA) compliance and yet it is the backbone of OSHA standards. The General Duty
Clause
states that each employer covered under the act has:
1. The general duty to furnish each employee with employment and places of employment freefrom recognized hazards causing or likely to cause death or serious physical harm.
2. The specific duty of complying with safety and health standards promulgated under the
act.
Take note of item one, where it states "causing or likely to cause." With this
phrase, there is nothing that can slip through the cracks pertaining to OSHA compliance by the employer.
Even if there isn't a written standard on a specific safety hazard, an OSHA inspector, by
way of
the "General Duty Clause,"may cite a company for non-compliance due to an
observation/opinion
concerning an event that is not covered under any other written standard.
Ergonomics as an Example
A classic example is the issue of ergonomics, dealing with cumulative trauma disorders (CTD).
These include, but are not limited to, back sprains and strains, and tendinitis. Even
though thereare no specific guidelines or standards, a company can be cited for non-compliance by way
of the
General Duty Clause if its employees are experiencing any of these or similar illnesses.
"How so?" you may ask. To understand this situation, it's important to refer
back to item one
under the General Duty Clause. CTD can produce "a recognized hazard causing or likely
to cause
death or serious physical harm." If you were to review your OSHA 200 Log (Log and
Summary of
Occupational Injuries and Illnesses), you will find the General Duty Clause. Because CTD
do
produce health situations covered under this clause, you do have an OSHA standard to
contend
with.
In conjunction with this, carefully examine the definition of terms listed in the
standard:
* Serious physical harm means an injury or illness incurred as a result of employment, in
which
an employee receives medical treatment (as defined by the standard) and is recordable on
the
OSHA Log.
Serious physical harm also applies to an injury or illness incurred as a result of
employment, for
which an employee receives medical treatment and is unable to convalesce to 100 percent of
their normal capability or capacity.
* Medical treatment includes treatment (other than first aid) administered by a physician
or by
registered professional healthcare personnel under the standing orders of a physician.
Medical treatment does not include first-aid treatment even if provided by a physician or
registered
professional personnel. First-aid treatment is defined as one-time treatment and
subsequent
observation for minor scratches, cuts, burns, splinters, and so forth, which do not
ordinarily
require medical care.
Take Another Look
Based on your findings from the review of the OSHA 200 Log, coupled with the definitions,
you
must now take action to eliminate and/or (as a minimum) reduce the potential of recurrent
injury
to other employees. Failure to do so could result in a citation and penalty for
noncompliance.
The General Duty Clause is the first step for compliance with OSHA standards and must not
be
overlooked. Take a proactive stance and be objective in your efforts to comply with OSHA
standards in providing a safe working environment for your employees.
Paul J. Tibbs is the director of the Compliance Division of Compliance Consultants, Lee's
Summit,
MO.
Copyright© 1995 National Trade Publications, Inc. |
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