Principles of Occupational Safety and Health

Running Head : GENERAL DUTY CLAUSE

General Duty Clause : A Curse or a Blessing

Name of Student

University /College

Professor /Instructor

Class

General Duty Clause : A Curse or a Blessing

It is quite true that employers have the responsibility to supervise the health and safety of its employees in the workplace . Companies who ignore the need to assure its employees should be punished and those who render their workforce a secure facility should be hailed and honored as models . Government regulations are always implemented to protect the lives of

workers . The Occupational Safety and Health Act of 1970 (OSHact ) is one example of the various laws passed by the Congress Nevertheless , there is one particular provision in the OSHact that is ambiguous this section is often called the General Duty Clause According to the act , the General Duty Clause states that (2a ) Each employer (1 ) 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 employees (2 ) shall comply with occupational safety and health standards promulgated under this Act (2b ) Each employee shall comply with occupational safety and health hazards and all rules , regulations and s issued pursuant to this Act which are applicable to his own actions and conduct

The increasing awareness of the various work-related accidents in society has urged the Congress to enact such provision of the law . The General Duty Clause obliges employers to recognize all types of hazards in their workplace . It also expects that employers should design and maintain the safety of the workplace to minimize any accidents that the identified hazards may bring to the employees (http /www .epa .gov . Due to this section of the OSHact , The Department of Labor Occupational Safety and Health Administration (OSHA ) visit all working facilities to inspect any violations regarding the said provision . The employers should then devote some of their resources on useful expertise and knowledge to reduce if not to eliminate hazards . Furthermore , the General Duty Clause has a very broad scope that compliance to it seems to be so arduous (http /www .dem .ri .gov . The article expects that beside the accredited standards and hazards known to the OSHA , the employers also need to pin point unknown and undiscovered hazards in their facilities . Therefore , although there is no detailed standard regarding a hazard , the company can be cited for violation (Robins 1988 ,

. 331 . This can be very demanding since a single skipped hazard however simple may put the company into jeopardy if the OSHA representative finds it out before the management does . Another difficulty that the employer can encounter is the inadequate capacity of the management to accommodate the means to eliminate or reduce the hazard (http /www .dem .ri .gov . This is especially important to small businesses and companies who are not financially ready to solve such problems

The General Duty Clause is very advantageous to employees and workers...