As the United States remains in the grip of the COVID-19 pandemic, significant attention has been placed on the Occupational Safety and Health Administration (“OSHA” or the “Agency”) and the efforts taken by the Agency to help in the federal response. OSHA has stated that it may utilize the “General Duty Clause” – Section 5(a)(1) of the Occupational Safety and Health Act of 1970 (“OSH Act”) to take enforcement action against employers who do not sufficiently address COVID-19 hazards in the workplace. This article explores the General Duty Clause and what OSHA must prove to sustain a violation.
The General Duty Clause states: “Each employer shall furnish to each of his employees 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.”