SAFTENG Comment: I am not sure why OSHA chose to use the General Duty Clause (GDC) rather than cite 1910.307
This case involves an oil and gas well-servicing company after a fire at a worksite injured an employee, and OSHA conducted an inspection. OSHA issued a citation alleging a violation of the general duty clause of the Occupational Safety and Health Act for exposing its employees to fire and explosion hazards. The general duty clause provides that “[e]ach employer… shall furnish to each of his employee’s 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.”
Law Judge Brian Duncan VACATED the citation, finding that the Secretary failed to prove two (2) elements of the alleged general duty clause violation:
- recognition of the hazard and
- the existence of a feasible and practical means to abate the hazard.
For the reasons discussed below, the citation is vacated.
BACKGROUND