Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers 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". Section 5(a)(2) requires employers to "comply with occupational safety and health standards promulgated under this Act".

Note: Twenty-four states, Puerto Rico and the Virgin Islands have OSHA-approved State Plans and have adopted their own standards and enforcement policies. For the most part, these States adopt standards that are identical to Federal OSHA. However, some States have adopted different standards applicable to this topic or may have different enforcement policies. All states have additional laws regulating pyrotechnics. The American Pyrotechnics Association maintains a directory of State Laws available in PDF format.

Highlighted Standards

General Industry (29 CFR 1910)

• 1910 Subpart E, Exit routes, emergency action plans and fire prevention plans
  • 1910.33, Table of contents
  • 1910.34, Coverage and definitions
  • 1910.35, Compliance with NFPA 101-2000, life safety code
  • 1910.36, Design and construction requirements for exit routes
  • 1910.37, Maintenance, safeguards, and operational features for exit routes
  • 1910.38, Emergency action plans
  • 1910.39, Fire prevention plans
  • Appendix, Exit routes, emergency action plans, and fire prevention plans
• 1910 Subpart H, Hazardous materials
  • 1910.101, Compressed gases (general requirements)
  • 1910.102, Acetylene
  • 1910.109, Explosives and blasting agents
• 1910 Subpart K, Medical and first aid [related topic page]
  • 1910.151, Medical services and first aid
• 1910 Subpart L, Fire protection [related topic page]
  • 1910.157, Portable fire extinguishers
• 1910 Subpart N, Materials handling and storage
  • 1910.176, Handling materials - general
• 1910 Subpart Z, Toxic and hazardous substances [related topic page]
  • 1910.1201, Retention of DOT markings, placards and labels
     

Consensus Standards and the General Duty Clause

Using Consensus standards to support a 5(a)(1) Citation:

A consensus standard can be used to show "industry recognition" of a hazard. However, the hazard must be recognized in the employers' industry, not an industry other than the employers' industry.

Section 5(a)(1):

• is not used to enforce "should" standards.
• is not used to required abatement methods not required by a specific standard.
• is not normally used to cover categories of hazards exempted by an OSHA standard.

Background

Section 5(a)(1):

• Each employer shall 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 employee;
   
• The general duty provisions can only be used where there is no standard that applies to the particular hazard involved.

Evaluation of Potential 5(a)(1) situations:

• Employer failed to keep workplace free of hazards to which employees of that employer were exposed.
• Must involve a serious hazard and employee exposure
• Does not specify a particular abatement method - only that the employer keeps the workplace free of serious hazards by any feasible and effective means.
• The hazard must be reasonably foreseeable.
• The hazard was recognized.
• Industry recognition
• Employer recognition
• Common-sense recognition
• The hazard caused or was likely to cause death or serious physical harm.
• Feasible means to correct the hazard were available.