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The general duty clause of the Occupational Safety and Health Act of 1970

Article Abstract:

The legislative history of the Occupational Safety and Health Act of 1970's general duty clause is broad enough that the Occupational Safety and Health Review Commission and the courts have often been asked to interpret that clause. A work activity covered under the act has to be 'recognized' as 'likely to cause death or serious physical harm.' The interpretation of these phrases has been the subject of much case law. The plaintiff also has to prove it was possible to abate the hazard. Industry recognition of a hazard and a means of abatement will usually meet that burden of proof.

Hazardous occupations

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Recent developments in OSHA litigation

Article Abstract:

The Occupational Safety and Health Administration (OSHA) faces important issues in the 1990s including the long delays in OSHA rulemaking resulting from the frequent lawsuits filed during the rulemaking process. Due to these delays OSHA is only able to do rulemaking in a limited number of areas, and it may be appropriate to limit judicial discretion in the review of OSHA rulemaking. Another issue is which incentives are appropriate for industries performing voluntary compliance audits and whether the voluntary audit process meets OSHA's goals.

United States. Occupational Safety and Health Administration

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