Question

Given that the National Institute for Occupational Safety and Health (NIOSH) has published numerous standards, what is the significance of the OSH Act's general-duty clause?

A. It is extremely significant, because NIOSH standards are for government workers only.

B. It is very significant, because NIOSH cannot anticipate all possible hazards.

C. It is somewhat significant, because companies may not understand the NIOSH standards.

D. It is slightly significant, because eventually the NIOSH standards may replace the general-duty clause.

E. It is not at all significant, because the NIOSH standards have taken the place of the general-duty clause.

Answer 1

The general-duty clause of the OSH Act is very significant as it fills in gaps by requiring employers to provide a safe workplace even when specific OSHA standards do not exist for certain hazards.

Step-by-step explanation:

The significance of the Occupational Safety and Health Act's (OSH Act) general-duty clause is very significant because the National Institute for Occupational Safety and Health (NIOSH) cannot anticipate all possible hazards. While NIOSH standards do provide crucial guidelines and rules for workplace safety and health, the scope of potential dangers in a vast array of workplaces cannot be exhaustively covered by specific standards alone. The general-duty clause of the OSH Act obligates employers to maintain a workplace that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees, even in cases where no standard has been set to address a specific risk.

The process for issuing new OSHA standards is extensive and time-consuming, often requiring significant public engagement, comments, and proof of significant risk and feasible protection measures. This means that even as new hazards are recognized, there may not be immediate standards in place to address them. Therefore, the general-duty clause serves as a critical catch-all provision ensuring that employers remain responsible for the safety of their workers, regardless of whether a specific OSHA standard exists for a given hazard.