Federal safety regulators usually cite employers for violations of specific
safety hazards. Sometimes, however, inspectors from the Occupational Safety
and Health Administration see hazards that do not fall under a specific
regulation. In these cases, they may issue a citation for a violation
of OSHA's General Duty Clause.
At Hendershot Cowart P.C., our lawyers should be your first call if a workplace
accident occurs. Our team can prepare your violation defense before OSHA
representatives come to your work site for an inspection.
Our lawyers are familiar with the General Duty Clause and potential issues
with its enforcement. We can advise you on issues during an inspection
and defend you if you are cited. We serve businesses in Houston and throughout
Texas. Clients choose us because we have the proven defense firm for Texas
businesses since 1987.
The General Duty Clause in the OSHA Act is as follows:
"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
The General Duty Clause is designed to fill gaps in OSHA regulations for
hazards that are known, but unregulated. The number of citations issued
each year is small but has been growing. In 2015, over 1,500 General Duty
Clause citations were issued to employers.
Employers may be cited for violations of the General Duty Clause if:
The employer fails to keep the workplace free of a hazard to which employees
The employer or the employer's industry knows of the hazard.
The employer has a way to fix the hazard.
The hazard caused or is likely to cause an employee to die or suffer serious injuries.
These standards are more general than other OSHA safety regulations, which
can make the General Duty Clause more difficult for OSHA to enforce. These
challenges can provide opportunities for an experienced business lawyer to
defend against OSHA citations for General Duty Clause violations.
Experienced Texas Attorneys for OSHA Compliance & Defense
We help employers prevent
OSHA violations with safety and compliance programs. When OSHA inspects our clients' work sites,
we are their first call for guidance on the inspection. Our attorneys defend our employers against OSHA violations from the initial
inspection through administrative hearings to address violations.
Whether you are considering preventative OSHA training or you have an urgent
need for guidance during or after an OSHA inspection, our law firm is
here for you. Our commitment to long-term relationships allows us to serve
as your business' dependable and permanent legal resource for a wide variety
of vital issues.
Call (713) 489-2028 or contact us onlineto discuss your case in an initial consultation.
We serve clients throughout Texas. In addition to our main offices in Houston,
we have offices where we are available by appointment in Corpus Christi,
Austin, Galveston and Sugar Land.