Practice Areas

General Duty Clause Violations

In the construction industry, the strict rules and regulations of the Occupational Safety and Health Administration (OSHA) can impact your construction business if not followed correctly. This is where the General Duty clause comes into play. The General Duty clause requires all employers to provide a safe work environment for their employees.

As a contractor or construction manager, it’s crucial that you understand and employ all of the requirements under the general duty clause. As Clearwater construction lawyers, we are aware that the General Duty Clause is only able to be used when there are no set standards that apply to the alleged hazard and when the employer has knowingly opened their employees up to the alleged hazard.

For any contractors that have been issued a citation for a General Duty clause violation, we encourage you to speak to your Clearwater construction attorney for assistance.

What You Need to Know About a General Duty Citation

For OSHA to prove that there has been a General Duty violation, the following must be met:

  • OSHA must be able to prove that the hazard exists
  • OSHA must be able to prove the hazard is recognized by the employer or construction industry
  • OSHA must prove that the hazard is likely or has the potential to cause injury or death
  • OSHA must prove that the employer was able to correct the hazard

How to Avoid General Duty Violations

There are a few things that contractors can do to avoid OSHA General Duty Clause violations. To avoid any potential General Duty Clause violations, we recommend that contractors:

  • Contractors can review all safety or hazard warnings, and then incorporate them in all employee safety policies and procedures to keep employees in the loop
  • Contractors can review industry specific safety standards
  • Contractors can identify safety recommendations to be incorporated in employer safety policies and procedures
  • Contractors can conduct employee training and enforce compliance; include proper documentation

If you are looking for an experienced Clearwater construction lawyer, please call us at 813.579.3278 or submit our contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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