osha regulations gen industry general industry cfr 29 1910

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The General Duty Clause

The General Duty Clause

d.

  • General Industry (CFR 29, 1910) standards apply to manufacturing, wholesale, retail establishments and any type of employment in any industry.
  • Construction (CFR 29, 1926),
  • Maritime (CFR 29, 1915)
  • Agriculture (CFR 29, 1928) make up the last three categories.

Standards that are not covered in the General Industry, Construction (industry specific), Maritime or Agriculture categories will be covered under The General Duty Clause.

The General Duty Clause (Section 5(a)(1)) of the OSHA Act is only used where there is no standard that applies to a/the particular hazard and the employer has its own employees exposed to an alleged hazard.

The number one citation that OSHA writes is under The General Duty Clause.

Using the website www.osha.gov or the below link to answer the questions below.

https://www.osha.gov/pls/oshaweb/owadisp.show_docu…

http://www.fdrsafety.com/oshas-general-duty-clause…

29 CFR 1903 information: https://edis.ifas.ufl.edu/pdffiles/OA/OA05900.pdf

1. What are the four conditions that must be met for OSHA to issue a General Duty Clause violation? (6pts)

2. What are the limitations of the General Duty Clause? (4pts)

Inspection and Citation

OSHA standards 1903 is another important Standard used for inspection, citation and proposed penalties.

The next few questions will be on 1903.11 Standard Complaints by Employees

3. Summarize 1903.11(a) separately, summarize 1903.11(b) separately and summarize 1903.11(c) separately (15pts)

Standard 1903.11(d) says:

Section 11(c)(1) of the Act provides: “No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this Act.” (reference in the Reg. bk)

4. Have you ever exercise your rights and were you afraid of retaliation? (5pts)

5. Read / look up OSHA Standard 29 CFR 1977.9(c) and compare it with OSHA Standard 1903.11 (d) that was stated above. (10pts)

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