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:
- If PSM regulations specifically cover the process or hazard, OSHA cannot use the GDC. The GDC only applies in the regulatory gaps (e.g., non-covered threshold limits or different hazardous materials).
- OSHA cannot use the GDC to force an employer to implement a tighter requirement or additional abatement method that goes beyond what an active OSHA standard explicitly demands.
- OSHA must prove that a feasible and economically viable method existed to correct the hazard, and that the employer failed to implement it.
- OSHA must prove that the hazard is recognized by the employer, by the industry, or by “common sense”. It is often established using Recognized and Generally Accepted Good Engineering Practices (RAGAGEP), such as guidelines from the NFPA, API, or ASME.
- Similar to standard-specific citations, OSHA only has a 6-month limitation period to issue a GDC citation from the time the violation occurred.