OSHA General Duty Clause

Also called: Section 5(a)(1), OSH Act general duty, general duty clause

The OSHA General Duty Clause, Section 5(a)(1) of the OSH Act, requires every employer to keep its workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.

OSHA uses the clause when no specific standard covers a hazard. To cite it, OSHA generally has to show that a hazard existed, that the employer or its industry recognized it, that it was causing or likely to cause death or serious harm, and that a feasible means of abatement existed.

For forklift safety, the clause sits behind topics that 1910.178 does not spell out, such as how pedestrians and trucks are separated, how lone workers are checked on, and whether known blind-spot or crossing hazards are controlled. It does not require any specific technology. A pedestrian detection system is one feasible control an employer may choose; barriers, layout changes, speed limits and traffic rules are others. Consensus standards such as ANSI/ITSDF B56.1 and manufacturer instructions can serve as evidence that a hazard is recognized. This is a summary, not legal advice. See OSHA forklift regulations.