OSHA’s ability to use the GDC at facilities that fall under the PSM TQ

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OSHA uses the General Duty Clause (GDC), Section 5(a)(1) of the OSH Act as a “gap filler” to cite employers for recognized chemical hazards when a specific standard (like the Process Safety Management standard, 29 CFR 1910.119) does not technically apply. There are some critical legal limitations on GDC Enforcement:

OSHA’s ability to invoke 5(a)(1) in process safety situations faces several strict legal boundaries:

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