Smellz Chemical Company produces a variety of chemicals used in industrial cleaning. The fumes from the chemicals can be hazardous to Smellz' employees,and the company takes some steps to protect its workers from these hazards.If OSHA believes these precautions are inadequate and Smellz is failing to fulfill its obligations under the General Duty Clause of the OSHA Act,what must OSHA prove?

Question

Arooj Malik · Accepted Answer

Final Answer : To establish a violation of the General Duty Clause,OSHA must establish that: (1)an activity or condition in the employer's workplace presented a hazard to an employee, (2)either the employer or the industry recognized the condition or activity as a hazard, (3)the hazard was likely to or actually caused death or serious physical harm,and (4)a feasible means to eliminate or materially reduce the hazard existed.  Then,it must demonstrate that the employer failed to eliminate or sufficiently reduce a hazard in the workplace.

Definitions

Learning Objectives

Learning Objectives

Related questions