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Reply to this. I believe the criteria used to cite General Duty Clause violations is adequate. This clause provides necessary protection for employees where a hazard not otherwise addressed by an OSHA regulation exists in a workplace and that employees are exposed to. For the clause to apply the employer has failed to keep the workplace free of hazards that employees are exposed to, the hazard was recognized, the hazard was likely to cause or already was causing serious physical harm or death, and there was a feasible method to abate the hazard. I believe that these criteria provide OSHA inspectors the tools needed to cite employers who would otherwise ignore hazards that are not governed by existing OSHA regulations. The most common occurrence of workplace General Duty hazards that I have seen in my time in safety would be thermal stress hazards. OSHA does not have specific guidance for employees exposed to thermal stress in the workplace. I have worked in desert environments where the employer required bus drivers to operate extended bus routes without access to operable AC units or cooling PPE. The employer was aware of the hazard and had not implemented sufficient procedures to protect their employees. Eventually after multiple employee complaints and a medical emergency, the employer reached out to safety and health professionals to establish a thermal stress program. Had OSHA been made aware of the hazard’s employees were exposed to, they could have cited the employer under the General Duty Clause.

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