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general duty clause

The general duty clause is at section 5(a)(1) of the Occupational Safety and Health Act (OSHA) of 1970. In the absence of a health or safety standard, the general duty clause in section 5(a)(1) of OSHA delineates an employer's responsibilities.

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The clause mandates that each employer "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." A general duty clause violation occurs when a condition or activity in the workplace presents a hazard that could have been eliminated or materially reduced and is likely to cause death or serious physical harm to an employee.