Oct 23, 2011

OSHA Criticized for “Going Rogue” with General Duty Clause | Prometrix Inc
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Written by : Tom George| 0 | Political

Via Scoop.itinternetbillboards
An interesting op-ed piece in the Washington Examiner this past week calls into question whether or not the Administration, specifically OSHA under current management, is going rogue with the General Duty Clause (the piece is provided below or linked here). The General Duty Clause in the OSH Act (Section 5(a)(1)) basically states that employers are required to provide its employees with workplace free of recognized hazards.

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In other words, it’s a catch-all provision which allows the agency to issue penalties for not addressing a hazard even if there is no Federal regulation which addresses that hazard. Typically, concensus standards (ie: industry and other types of standards such as NFPA, ANSI, etc) are applied in such a manner. The issue is this: OSHA not only promulgates standards which become enforced with the “rule of law” so to speak, it also publishes Guidance documents to provide employers and workers with information about emerging safety and health issues. These guidance documents are not, by definition, required mandates to the employer. These can be thought of as ‘best practices’ or ‘should does’.
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Tom George

Founder and CEO of Internet Billboards. A futurist and serial entrepreneur, as well as a professional fitness trainer, martial artist, and business strategist. Helped to develop inbound advertising. An avid content curator who enjoys finding those digital gems out there in cyberspace and sharing them with others.
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Tom George

Founder and CEO of Internet Billboards. A futurist and serial entrepreneur, as well as a professional fitness trainer, martial artist, and business strategist. Helped to develop inbound advertising. An avid content curator who enjoys finding those digital gems out there in cyberspace and sharing them with others.

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