Osha's Citation Practices of Ergonomic Hazards under the “General Duty” Clause

Abstract

The “General Duty” clause of the OSHAct requires that an 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 employees.” Prior to the issuance and subsequent rescission of the Ergonomics Program Standard, OSHA had an established policy of citing employers for unambiguous ergonomic hazards in their workplace under the “General Duty” clause. This policy will likely continue even with the rescission of the Ergonomics Program Rule. Two key decisions by the Occupational Safety and Health Review Commission are discussed which outline the extent to which OSHA may cite employers for ergonomics hazards under the “General Duty” clause.