What do you do when you don’t have a regulation for an unsafe act or condition?
As a safety professional you are going to see things that you know aren’t right, but as you try to correct them, someone always says, “where’s that at in the book?” Then you realize that for once, that person is right. This unsafe act or condition doesn’t have a rule in 29 CFR 1910 or any other regulation book. So, the time-tested answer to a problem is, “if OSHA saw this we could be fined” doesn’t really fit. Does this mean that this is a situation you can’t correct because it’s against OSHA’s rules? NO, OSHA can and will fine you for this seemingly rule-less situation. T he answer is 5a1, the good old General Duty Clause .
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