What Does the General Duty Clause Require Employers to Do? How to Comply, Abate Hazards, and Protect Workers

Estimated reading time: 16 minutes

Key Takeaways

• The OSHA General Duty Clause requires employers to provide a workplace free from recognized hazards likely to cause death or serious physical harm, even when no specific OSHA standard applies.

• OSHA typically cites the clause when a serious, recognized hazard exists, feasible abatement is available, and the employer knew or should have known about the danger.

• Workers also have a duty to follow safety and health rules, and they are protected from retaliation for reporting hazards or injuries.

• Documentation, timely reporting, and medical records are critical if you are injured or exposed at work; keep copies and preserve evidence of the hazardous condition.

• The clause influences OSHA enforcement and can inform workers’ compensation claims, especially for heat, violence, ergonomic, and exposure-related injuries.

• Employers can meet their duty by actively identifying hazards, following consensus standards and guidance, training workers, and implementing effective, documented controls.

Table of Contents

• Introduction

• What the General Duty Clause Says

• The Exact Requirement Under Section 5(a)(1)

• Employee Duty Under Section 5(b)

• When OSHA Uses the General Duty Clause

• No Specific Standard Applies

• Recognized Serious Hazard Threshold

• Elements OSHA Must Prove in a General Duty Case

• Hazard Recognition

• Likelihood of Death or Serious Harm

• Feasible and Effective Abatement

• Employer Knowledge

• Practical Examples and Emerging Issues

• Heat Illness and Extreme Weather

• Workplace Violence and Customer Aggression

• Ergonomics and Musculoskeletal Disorders

• Chemical Exposures and Indoor Air Quality

• Proposed Limitation for Inherently Risky Activities

• What This Means If You’re Hurt at Work

• Immediate Health and Reporting Steps

• Preserving Evidence of a Hazard

• Filing Workers’ Compensation vs OSHA Complaints

• Retaliation Protections for Speaking Up

• How Employers Can Comply and Prevent Injuries

• Proactive Hazard Identification

• Using Consensus Standards and Guidance

• Training, Supervision, and Enforcement

• Documentation That Actually Protects Workers

• Key Timelines and Citations Process

• How a Complaint Is Handled

• What a General Duty Clause Citation Looks Like

• Conclusion

• FAQ

Introduction

If you are wondering “what does the General Duty Clause require employers to do?”, the short answer is: keep you safe from serious, known hazards at work. The clause is the backbone of OSHA’s approach to safety. It fills gaps when no specific rule addresses a danger, and it empowers OSHA to cite employers that allow recognized hazards to persist.

For injured workers, this duty matters in two ways. First, it sets the expectation that hazards should be identified and fixed before someone gets hurt. Second, it can inform your workers’ compensation case by clarifying what your employer should have done to prevent the injury. If you’ve already been hurt, focus on your health and document what happened. If you’re still in a hazardous environment, speak up and know the protections available to you.

What the General Duty Clause Says

The Exact Requirement Under Section 5(a)(1)

The General Duty Clause lives in Section 5 of the Occupational Safety and Health Act. It requires every employer to provide a place of employment free from recognized hazards that are likely to cause death or serious physical harm. That core mandate is explained in many legal and safety resources because it is so foundational to compliance. For instance, legal commentators summarize that the clause requires a workplace “free from recognized hazards” that could cause serious harm, reflecting the statute’s language and purpose. See explanations from McLane Middleton, Employment Law Business Guide, and Wolters Kluwer’s expert insight on the clause and industry standards.

OSHA’s own statutory page emphasizes both the employer’s duty to provide a safe workplace and the worker’s duty to follow safety rules. You can read the employer and employee duties in Section 5 of the OSH Act.

Employee Duty Under Section 5(b)

Workers also have responsibilities. Section 5(b) states that each employee must comply with occupational safety and health standards and all related rules and orders. It is not only about what the employer must do; you are expected to use provided protective equipment, follow training, and respect safety procedures. OSHA reiterates this in its statutory overview: “Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act.” See OSHA’s Section 5 duties.

When OSHA Uses the General Duty Clause

No Specific Standard Applies

OSHA has thousands of detailed standards. But sometimes a serious hazard does not fit an existing, specific rule. In those cases, OSHA leans on the General Duty Clause. Safety training providers explain that the clause is often cited “when no specific OSHA standard applies,” but the hazard is serious and recognized. See the summary from the OSHA Education Center.

Compliance advisors describe the clause as a foundational requirement for employers to provide a reasonably safe workplace, guiding how OSHA enforces safety even beyond specific standards. See the overview from Safety Management Group.

Recognized Serious Hazard Threshold

OSHA focuses on serious hazards—those likely to cause death or serious physical harm—when enforcing the clause. The agency also looks at employer awareness. Numerous summaries emphasize that once an employer is aware of a serious hazard, they must protect workers from it. See OSHA.com’s discussion of employer obligations once a hazard is known.

Legal and compliance writers consistently explain that the clause covers “recognized hazards,” not every possible risk. Recognition can stem from industry consensus, prior incidents, authoritative guidance, or common sense. See perspectives from Ogletree Deakins and J. J. Keller.

Elements OSHA Must Prove in a General Duty Case

OSHA typically needs to establish four elements to support a General Duty Clause citation. Understanding these helps workers and employers know what evidence matters.

Hazard Recognition

The hazard must be “recognized.” OSHA may point to consensus standards, industry guidelines, trade literature, expert testimony, prior accidents, or internal documents to show recognition. Professional bodies note that OSHA has developed industry-specific guidance to help identify and abate recognized hazards. See the ASSP guide on recognition and abatement approaches. Law firms and compliance experts also emphasize the recognition component, including Ogletree Deakins and Wolters Kluwer.

Likelihood of Death or Serious Harm

The hazard must be likely to cause death or serious physical harm. This focuses attention on high-consequence risks: heat stroke, toxic exposure, severe ergonomic injuries, crushing or struck-by hazards, and workplace violence. Legal summaries underline that this “seriousness” threshold is part of the statutory text. See analyses from McLane Middleton and the Employment Law Business Guide.

Feasible and Effective Abatement

OSHA must show that feasible, effective measures existed to materially reduce the hazard. Abatement can include engineering controls, administrative controls, personal protective equipment, training, and changes in work practices. Safety organizations point to industry guidelines as evidence that practical abatement is known and available. See the ASSP enforcement and abatement discussion and Wolters Kluwer’s overview of using consensus standards.

Employer Knowledge

OSHA generally needs to show the employer knew or, with reasonable diligence, should have known about the hazard. This can be proven through reports, complaints, visible conditions, maintenance records, near-miss logs, or prior incidents. Practical explainers stress that once a company is aware of a serious hazard, it must act to protect workers. See OSHA.com’s plain-language summary of the awareness duty. Additional context about the legal framework is summarized by J. J. Keller.

Practical Examples and Emerging Issues

Heat Illness and Extreme Weather

In hot environments, workers face dehydration, heat exhaustion, and heat stroke. Where no specific federal heat standard applies, OSHA may rely on the General Duty Clause to require controls such as water, rest, shade, acclimatization, and monitoring. If you suffered heat illness on the job, learn how benefits work and what documentation helps in this guide to heat stroke and workers’ compensation (California-focused, but broadly useful).

Workplace Violence and Customer Aggression

Retail, healthcare, and service workers may face violent incidents from customers, patients, or the public. Employers can be cited under the clause when violence risks are recognized but unaddressed, such as in high-risk settings without adequate staffing, barriers, or protocols. If an assault leads to injury, see how coverage and claims work in our workplace assault workers’ comp guide.

Ergonomics and Musculoskeletal Disorders

Even without a comprehensive federal ergonomics standard, OSHA may use the General Duty Clause where repetitive motion, awkward postures, and forceful exertions are serious and recognized hazards. Practical fixes include redesigning workstations, rotating tasks, using lifts or conveyors, and training on body mechanics. For injury and claim details, review our ergonomic injury and workers’ comp guide.

Chemical Exposures and Indoor Air Quality

Some exposures are governed by specific OSHA standards (like permissible exposure limits). But when a dangerous chemical, mold, or poor ventilation creates a serious, recognized hazard not fully covered by a specific rule, the clause may apply. If you’ve been exposed, see evidence and filing steps in our chemical exposure workers’ comp guide.

Proposed Limitation for Inherently Risky Activities

OSHA has floated an interpretation that would limit use of the General Duty Clause for hazards arising from inherently risky activities that cannot reasonably be removed. While this is a proposal—not final rulemaking—workers and employers should follow developments because it could shape future enforcement boundaries. See the Federal Register notice discussing a proposed limitation for inherently risky hazards.

What This Means If You’re Hurt at Work

The General Duty Clause is about prevention, but it also affects what evidence matters after an injury. If you were hurt by a recognized hazard, the records that show the hazard was known—and that feasible fixes were available—can be critical for both safety enforcement and your workers’ compensation claim.

Immediate Health and Reporting Steps

Get medical care and report your injury as soon as possible. Many states have short deadlines to give notice to your employer and to file a claim. For a step-by-step approach, see what to do right after a workplace injury and our guide to filing a workers’ compensation claim. Deadlines vary by state, so check the time limits to report and file in your jurisdiction.

If your injury was severe, you may be deciding between urgent care and the ER. For practical guidance on what to tell staff and how billing interacts with workers’ comp, see our emergency room guide for work injuries.

Preserving Evidence of a Hazard

Evidence fades fast. Take photos or video of the hazard, note dates and times, identify witnesses, and save texts, emails, or work orders that mention the problem. Keep a daily injury diary and store copies of medical records and test results. For organization tips, see our documentation guide for work injuries. You also have specific rights to access exposure and medical records under OSHA rules—learn how to request them in our explainer on your right to examine and copy exposure and medical records.

Filing Workers’ Compensation vs OSHA Complaints

Workers’ compensation and OSHA serve different purposes. Workers’ comp pays medical and wage benefits after an injury. OSHA investigates hazards and enforces safety laws to prevent future harm. You can pursue both. For a primer on how OSHA handles non-serious online complaints—often via a rapid off-site response—see our article on what to expect after an online OSHA complaint.

If your employer refuses to report your injury or delays, do not wait. You may be able to self-file and escalate. See what to do if your employer refuses to file a workers’ comp claim.

Retaliation Protections for Speaking Up

It is illegal to retaliate against you for reporting an injury or safety concern. Keep notes of any threats, schedule changes, demotions, or hostility that follow your report. Learn more about your rights in our guide to retaliation protections after filing a workers’ comp claim. If an employer hides injuries or discourages reporting to avoid claims, that conduct is also addressed in our overview of employer workers’ comp fraud issues.

How Employers Can Comply and Prevent Injuries

Compliance is not just paperwork. It is a living system that identifies hazards early, fixes them effectively, trains people well, and verifies results. That is how employers meet their General Duty obligations and keep injuries down.

Proactive Hazard Identification

Employers should run regular hazard assessments, encourage near-miss reporting, and review injury logs and maintenance records for patterns. Frontline workers often see hazards first—empower them to speak up without fear. A strong safety culture can prevent the slips, strains, repetitive motion injuries, and exposures that show up in the most common workplace injuries.

Using Consensus Standards and Guidance

While OSHA standards set minimums, employers should also track consensus standards and authoritative guidance to guide prevention. Compliance overviews explain that the General Duty Clause requires a reasonably safe workplace, and OSHA may look to industry practices as benchmarks. See Safety Management Group’s explanation and Wolters Kluwer’s discussion of industry standards. OSHA also expects employers to comply with promulgated standards or equivalent state-plan standards; see the training slide deck’s summary of that legal baseline in OSHAEDNE’s overview of employer duties under the OSH Act.

Training, Supervision, and Enforcement

Provide clear, job-specific training. Supervise to confirm procedures are followed. Enforce rules consistently, including discipline that is fair and not retaliatory. Workers share responsibility too, and OSHA makes that explicit in Section 5(b).

Documentation That Actually Protects Workers

Keep written hazard assessments, training rosters, equipment inspections, and corrective action logs. When a hazard is recognized, track the interim protective steps and the permanent fix. If exposures are involved, keep sampling data and physician recommendations together with safety data sheets. This type of record is persuasive evidence of prevention—and it ensures continuity if staff or supervisors change. If a worker is injured despite controls, encourage complete reporting and ensure the claim is handled promptly and lawfully; see reasons employers and insurers sometimes deny or delay workers’ comp.

Key Timelines and Citations Process

Understanding how OSHA handles complaints and builds a General Duty Clause citation helps you plan how and when to share information.

How a Complaint Is Handled

For non-serious online complaints, OSHA often uses an off-site response: the agency contacts the employer, seeks a written reply within a short window, and may require corrective actions. Some complaints still trigger inspections, especially if imminent danger or severe injury is alleged. For a worker’s-eye view of this process, review our explainer on OSHA’s off-site response steps and timeline.

What a General Duty Clause Citation Looks Like

A citation under the clause typically describes the recognized hazard, explains why it is likely to cause death or serious harm, cites evidence of recognition (industry materials, internal documents, prior incidents), and lists feasible abatement methods. Many practical resources summarize that OSHA turns to the clause for serious, recognized hazards even without a specific standard—see summaries from J. J. Keller, the OSHA Education Center, and compliance-focused articles like Learntastic’s overview of the clause.

Remember, OSHA expects employers to comply with applicable standards and, where no standard fits, to maintain a workplace free from serious recognized hazards. That dual expectation is reinforced by training materials noting the duty to comply with promulgated standards (federal or state) and to address hazards under the General Duty Clause when necessary; see OSHAEDNE’s OSH Act summary.

Conclusion

The General Duty Clause answers the question of what employers must do in plain terms: find and fix serious, recognized hazards so workers do not suffer death or serious harm. OSHA enforces that expectation when no specific standard fits, and the clause shapes how companies should design safety programs—through proactive hazard identification, practical abatement, training, and documentation.

If you were injured because a recognized hazard was not addressed, focus on your health, report the injury promptly, and preserve evidence of the hazardous condition. Workers’ compensation can cover medical care and wage loss, while OSHA can address unsafe conditions to prevent future harm. Knowing how the General Duty Clause works can help you explain what went wrong and what should have been done, strengthening both your safety concerns and your benefits claim.

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FAQ

What does the General Duty Clause require employers to do?

It requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. OSHA uses the clause when a serious hazard exists, the employer knows or should know about it, and feasible abatement is available—even if no specific OSHA standard applies. See statutory duties in Section 5 of the OSH Act and practical summaries from OSHA Education Center and Safety Management Group.

When does OSHA cite the General Duty Clause?

OSHA cites it when a serious, recognized hazard is present, there is no specific standard that directly addresses it, feasible abatement exists, and the employer knew or should have known about the hazard. This “gap-filler” role is explained by resources like the OSHA Education Center and compliance guides such as J. J. Keller.

Do workers have duties under OSHA?

Yes. Employees must comply with occupational safety and health standards and with rules and orders issued under the OSH Act. This is set out in Section 5(b). Employers should train and supervise workers; workers should use protective equipment and follow safe procedures.

How does the General Duty Clause affect my workers’ comp claim?

The clause itself does not award benefits, but it clarifies what employers should have done to prevent recognized hazards. Evidence that a hazard was serious, recognized, and feasibly abated can help explain why an injury happened and support your narrative in a workers’ comp case. For practical steps after an injury, see post-injury action steps and how to file a claim.

What are examples of hazards OSHA targets under the General Duty Clause?

Common examples include heat illness, workplace violence risks, serious ergonomic hazards, and certain chemical or air-quality exposures not fully addressed by specific standards. Learn more in our resources on heat injury claims, workplace violence injuries, ergonomics-related claims, and chemical exposures.