The Department of Labor's enforcement plan for ergonomics
focuses on industries and employers with known high injury and illness rates related
to ergonomic hazards. OSHA coordinates inspections with a legal strategy
designed to target prosecutable ergonomic violations. Serious ergonomics hazards
will be addressed using
Section 5(a)(1) of the
OSH Act, often referred to as the General Duty Clause. Ergonomics inspection
teams work closely with DOL attorneys and experts to successfully bring
prosecutions under the General Duty Clause.
There are several states that operate their own occupational safety and
health programs, and some of them
have adopted ergonomic standards which are enforceable. If you live in one of a State Plan States, you should contact that
program administrator for further information.
Ergonomic Enforcement Plan
This document describes the approach that OSHA is taking to address ergonomic
related injuries occurring in America’s workplaces.
General Duty Clause
The
General Duty Clause describes the employer's
obligation to "furnish to each of his employees employment and a place of
employment which are free from recognized hazards that are causing or are likely
to cause death or serious physical harm to his employees." This clause from
the OSH Act is utilized to cite serious hazards where no specific OSHA standard
exists to address the hazard, as is the case with ergonomic stressors.
When OSHA uses the General Duty Clause to cite an employer, OSHA must
demonstrate that:
- the employer failed to keep the workplace free of a hazard
to which employees were exposed,
- the hazard was causing or likely to cause
death or serious physical harm,
- the hazard was recognized, and
- a feasible
means of abatement for that hazard exists.
Ergonomic Enforcement Activities
Related Ergonomic Links
Frequently Asked Questions regarding Enforcement
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