Which Legislation Requires An Employer To Operate A Place Of Employment Free From Recognized Hazards That Are Likely To Cause Serious Injury Or Fatality?

by | Last updated on January 24, 2024

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The General Duty Clause from the OSHA Act of 1970 requires that, in addition to compliance with hazard-specific standards, all employers provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Workplace violence is a recognized hazard within the ...

What is the OSHA Act of 1970?

To assure safe and healthful working conditions for working men and women ; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the ...

Which of the following legislation require s employers to furnish safe working conditions free from recognized hazards that are likely to cause serious harm or death?

The OSHA General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act , requires that each employer furnish to each of its employees a workplace that is free from recognized hazards that are causing or likely to cause death or serious physical harm.

What is section 5a of the OSH Act?

Commonly known as the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act of 1970 is intended to give OSHA a means to address hazards for which no standard is on the books . Current examples include heat-related illnesses and workplace violence in health care and social services.

What is section 11c of the OSH Act?

Section 11(c) of the Occupational Safety and Health Act of 1970 (OSH Act) prohibits employers from retaliating against employees for exercising a variety of rights guaranteed under the OSH Act , such as filing a safety or health complaint with OSHA, raising a health and safety concern with their employers, participating ...

What is a recognized hazard?

The hazard must be a recognized hazard, meaning that the employer knew or should have known about the hazard in the situation , the hazard is obvious or it is a recognized one within the industry.

Who is not covered by the OSH Act?

Not Covered under the OSH Act • The self-employed ; • Immediate family members of farm employers; and • Workplace hazards regulated by another federal agency (for example, the Mine Safety and Health Administration, the Department of Energy, or the Coast Guard).

Why was the OSHA Act of 1970 passed?

1970, the Occupational Safety and Health Act (commonly called the OSH Act) was enacted to create safe working conditions by authorizing standard work practices . ... Most states partially or fully control the occupational health and safety standards for their employees.

What are the top 10 most frequently cited OSHA violations?

  • Fall Protection – General Requirements (29 CFR 1926.501): 5,424 violations.
  • Hazard Communication (1910.1200): 3,199.
  • Respiratory Protection (1910.134): 2,649.
  • Scaffolding (1926.451): 2,538.
  • Ladders (1926.1053): 2,129.

Why was the OSHA Act of 1970 created?

Known initially as “the safety bill of rights,” the OSH Act charged OSHA with assuring safe and healthful conditions for working men and women. ... OSHA was created because of public outcry against rising injury and death rates on the job .

What does the OSH Act do?

With the RA 11058, employers are now required to comply with occupational safety and health standards including informing workers on all types of hazards in the workplace and having the right to refuse unsafe work, as well as providing facilities and personal protective equipment for the workers, among others.

What is the OSHA noise standard?

OSHA sets legal limits on noise exposure in the workplace. These limits are based on a worker’s time weighted average over an 8 hour day. With noise, OSHA’s permissible exposure limit (PEL) is 90 dBA for all workers for an 8 hour day . The OSHA standard uses a 5 dBA exchange rate.

What are the four 4 elements required to prove a violation of OSHA’s General Duty Clause?

1) The employer failed to keep the workplace free of a hazard to which its employees were exposed. 2) The hazard was recognized by the employer. 3) The hazard was causing, or was likely to cause, death or serious physical harm (serious violation). 4) There was a feasible and useful method to correct the hazard.

What is the subpart for fall protection?

Subpart M lays out the requirements and criteria for fall protection in construction workplaces. For example, it applies when workers are working at heights of 6 feet or more above a lower level.

What types of PPE that employers must pay for?

With few exceptions, OSHA requires employers to pay for personal protective equipment when it is used to comply with OSHA standards. These typically include: hard hats, gloves, goggles, safety shoes, safety glasses, welding helmets and goggles, face shields, chemical protective equipment and fall protection equipment .

What is the general industry Subpart for PPE?

29 CFR Part 1910, Subpart I , Enforcement Guidance for Personal Protective Equipment in General Industry.

Juan Martinez
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Juan Martinez
Juan Martinez is a journalism professor and experienced writer. With a passion for communication and education, Juan has taught students from all over the world. He is an expert in language and writing, and has written for various blogs and magazines.