What Does the General Duty Clause Require Employers to Do?

Under the General Duty Clause, employers are required to provide their employees with a place of work free of serious hazards. An important question to ask is, “What does the general duty clause require employers to do?

When employees in North Carolina go to work, they expect their employer to provide a workspace that is safe enough for them to perform their duties without harm. However, this does not always occur, and many employees are injured every year in workplace accidents, despite the existence of the Occupational Health and Safety Administration’s General Duty Clause.

The Basics of the General Duty Clause

The workplace injury rate in North Carolina is 1.9 per 100 full-time workers, and the average cost of a workers’ comp injury in the U.S. is $90,043.

Under the General Duty Clause, employers are required to maintain a place of employment that does not contain any hazards that could cause serious harm or death. As such, employers are legally obligated to make sure their workspace is free of recognized hazards, whether recognized by the business or the industry.

For an employer to be cited under this clause, four different conditions must be satisfied. First, the hazard must actually exist; second, the hazard must be recognizable; third, the hazard must be likely to cause physical harm or death; and fourth, the hazard must be able to be corrected by the business or employer.

Examples of Violations of the General Duty Clause in North Carolina

There are many different ways employers can create an unsafe workspace and, as a result, violate the terms of the General Duty Clause. These are just a few examples:

• Employees are required to lift products and other objects above shoulder height on a regular basis.
• While shifting a load, employees have to frequently twist their bodies to get the job done.
• While working alone, employees have no way to easily contact emergency personnel for medical assistance.
• A business uses a pipe-threading machine that does not have a functional automatic shut-off button.
• Employees regularly operate a forklift truck at elevated heights that is not equipped with adequate fall protection.
• Highly reactive chemicals are stored improperly on the premises of a working space.

Employers can also violate the tenets of the General Duty Clause if they require their workers to stand for extended periods without adequate support, expose their employees to mercury vapors from improper housekeeping practices, or use hydraulic auto lifts without adequate locking devices.

What Can Happen if an Employee Believes the General Duty Clause was Violated

If an employee believes an employer has violated the General Duty Clause, several steps may be considered. 

First, the employee can report the hazard internally, following the company’s safety procedures. Documenting the hazard, including dates, descriptions, and any communications, can be important if the issue later develops into a General Duty Clause case.

If internal reporting doesn’t resolve the problem, the employee can file a complaint with OSHA. OSHA can then investigate by inspecting the workplace, interviewing employees, and reviewing safety records. If OSHA determines that a recognized hazard exists and that the employer failed to address it, the agency may issue citations. This enforcement action can directly lead to a General Duty Clause case.

During this process, employees are protected by anti-retaliation provisions within federal employment laws. If an employer disciplines, demotes, or terminates a worker for reporting unsafe conditions, the employee could file a retaliation complaint. These claims can proceed independently of the underlying General Duty Clause case and could result in reinstatement, back pay, or other remedies.

Because these matters can be legally complex, consulting with an employment attorney is always a wise step. An employment attorney can assess whether the facts support a safety complaint, guide you through OSHA’s procedures, and help to protect you from retaliation.

FAQs

Does the General Duty Clause Apply to All Employers?

Yes, the General Duty Clause applies to most private sector employers covered by OSHA. Even if there’s no specific OSHA standard addressing a particular hazard, employers must still comply. Courts that review a General Duty Clause case need to examine whether the hazard was recognized and preventable. Because these issues can intersect with federal and state employment laws, speaking with an employment attorney can help clarify your situation.

What Counts as a Recognized Hazard?

A recognized hazard is any danger that’s either known within an industry or by the employer. Evidence in a General Duty Clause case could include prior incidents, industry guidelines, or professional testimony. Under applicable employment laws, employers can’t ignore risks simply because no specific regulation exists. An experienced employment attorney can help determine whether a hazard meets the legal standard for recognition.

Can an Employee Be Fired for Reporting a Safety Concern?

No, an employee can’t be fired for reporting a safety concern. Retaliation for raising safety concerns is generally prohibited under OSHA and also North Carolina’s employment laws. If an employer takes adverse action after a complaint, that could form the basis of a separate claim in addition to a General Duty Clause case. An employment attorney can evaluate whether unlawful retaliation occurred and advise you on your next steps.

What Penalties Can an Employer Face?

The penalties that employers can face in a General Duty Clause case could include monetary fines, required corrective actions, and ongoing monitoring. In serious situations, repeat violations can result in substantial penalties. Because OSHA enforcement interacts with multiple employment laws, an employment attorney can help employers respond appropriately and mitigate any potential liability.

Hire an Employment Lawyer Today

Employees in North Carolina required to work in an unsafe location may sustain serious injuries that prevent them from living life normally. For this reason, injured employees need to hire an employment lawyer in their area to obtain further information about the workers’ compensation system and to assert their legal rights.