Section 7 General Duty Clause
| Library | Employer-Employee Law 2008 |
The Occupational Safety and Health Act of 1970 (the Act), Pub. L. No. 91-596, 84 Stat. 1590, contains a general duty clause (also called “Section 5(a)(1)”), which indicates that each employer “shall 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.” 29 U.S.C. § 654(a)(1). To establish a violation of Section 5(a)(1), the Secretary must prove the following elements:
- A condition or activity in the workplace presents a hazard...
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