“Death or Serious Physical Harm”: Criteria for Citing Under the GDC

Although OSHA does issue frequent citations under the General Duty Clause (GDC), it cannot cite all hazards that are not covered by a specific standard. There are specific criteria that a hazard has to meet in order to be citable under the GDC.

Keep reading to find out what conditions must be satisfied before OSHA can issue a GDC citation.

Four Conditions

There are four conditions a hazard must satisfy to be citable under the GDC. Each of these conditions constitutes grounds for an appeal of the citation—if OSHA cannot demonstrate that all four of these exist, the Occupational Safety and Health Review Commission (OSHRC) will not uphold the citation.

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OSHA must prove that:

• A Hazard Exists: GDC citation is most likely if there is no standard and there have been injuries clearly related to the hazard.
• The Hazard Is a Recognized One: The employer knew, or should have known, about the hazard; it’s obvious or is recognized within the industry. OSHA can use non-OSHA documentation, such as information from industry or trade groups, voluntary consensus standards, or the employer’s own injury and illness records, to demonstrate this.
• The Hazard Could Cause Serious Harm or Death: The harm would include any potential impairment (temporary or permanent) that affects life functioning on or off the job.
• The Hazard Is Correctable: There is a known, feasible way the employer could correct, eliminate, or at least significantly reduce the hazard through such means as administrative controls or safety training.

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A Hint to Employers

You might be able to anticipate some hazards that could result in a GDC violation by looking at issues OSHA is considering for proposed rulemaking (or issues such as ergonomics and workplace violence). Review the agency’s semiannual regulatory agendas. It would also be a wise and protective move to identify potential hazards unique to your workplace—and develop a related safety plan.

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