OSHA Standard 890032 refers to Section 5(a)(1) of the Occupational Safety and Health Act, commonly known as the General Duty Clause. This clause is a foundational element of OSHA enforcement and applies when there isn't a specific OSHA standard that addresses a recognized hazard. It requires employers to provide their employees with a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm.

A recognized hazard is one that is commonly known within the industry or is detectable by the employer. This could include hazards identified through incident reports, industry best practices, expert opinion, or even common sense. The General Duty Clause is invoked when an employer fails to address such a hazard, leading to potential harm to employees.

Common violations under the General Duty Clause often involve situations where new technologies, unique workplace conditions, or rapidly evolving hazards haven't yet been covered by specific OSHA standards. Examples might include ergonomic hazards not explicitly detailed in a standard, unaddressed workplace violence risks, or novel chemical exposures. Employers are expected to continually assess their workplaces for potential dangers and implement feasible methods to abate them, even if a specific regulation doesn't exist.

While the average penalty for violations under the General Duty Clause may appear low at $27, this figure can be misleading. The 'Times cited' (12,537) indicates its frequent use, and the 'Max single penalty' of $3,500 demonstrates that significant fines can be levied, especially for serious or repeated violations. Penalties are determined based on the severity of the hazard, the likelihood of injury, the employer's size, and their good faith efforts to comply. Repeated or willful violations can lead to much higher penalties than the reported maximum.

To comply with the General Duty Clause, employers should proactively identify and evaluate potential hazards in their workplace, even those not covered by specific standards. Implementing a comprehensive safety and health program, conducting regular hazard assessments, training employees on identified risks, and promptly addressing employee safety concerns are crucial steps. Employers must ensure that feasible means exist to abate any recognized hazard that could cause serious harm.

Frequently Asked Questions

What is the purpose of OSHA's General Duty Clause?

The General Duty Clause (OSHA 890032 or Section 5(a)(1) of the OSH Act) serves as a 'catch-all' provision, requiring employers to protect employees from serious hazards when no specific OSHA standard applies. It ensures a baseline level of safety for all workplaces.

How does OSHA determine if a hazard is 'recognized' under the General Duty Clause?

A hazard is considered 'recognized' if it is commonly known within the employer's industry, detectable by the employer, or if the employer has actual knowledge of the hazard. This can be established through industry consensus, expert opinion, or the employer's own experience.

What are the typical penalties for violating the General Duty Clause?

Penalties vary based on the severity of the hazard, likelihood of injury, employer size, and good faith efforts. While the average penalty might be low, serious violations can incur significant fines, and willful or repeated violations can lead to much higher penalties, even up to statutory maximums for serious and willful citations.

#	Facility	Location	Total Penalties	Citations
1	MARADA INDUSTRIES, INC.	WESTMINSTER, MD	$28,947.00	47
2	ROBERT KINSLEY INC.	BELCAMP, MD	$27,960.00	9
3	JOSEPH SMITH & SONS, INC.	CAPITOL HEIGHTS, MD	$27,487.50	42
4	HYATT REGENCY WAIKOLOA	KAMUELA, HI	$25,490.00	90
5	BLUE CHIP PRODUCTS, INC.	ELKTON, MD	$21,060.00	64
6	CANADA DRY POTOMAC CORPORATION	GLEN BURNIE, MD	$16,040.00	40
7	SUPER FRESH, INC., SUPERMARKET DISTRIBUTION SVC.	BALTIMORE, MD	$15,000.00	11
8	BLAZER BUILDING INC.	BALTIMORE, MD	$14,825.00	23
9	BEVERAGE CAPITAL CORPORATION	BALTIMORE, MD	$14,772.00	51
10	THE TANEY CORPORATION	TANEYTOWN, MD	$14,557.00	85
11	STANCO CORPORATION	BALTIMORE, MD	$14,540.00	101
12	AIRFLOW COMPANY	FREDERICK, MD	$14,460.00	84
13	POTOMAC IRON WORKS, INC	HYATTSVILLE, MD	$14,305.00	61
14	THE P T O'MALLEY LUMBER COMPANY, INC	BALTIMORE, MD	$13,830.00	50
15	MARYLAND CORK COMPANY, INC.	ELKTON, MD	$13,490.00	109
16	FALCON STEEL CO	BALTIMORE, MD	$13,150.00	25
17	LBJ CORPORATION	BALTIMORE, MD	$13,105.00	41
18	PATS, INC	COLUMBIA, MD	$12,711.00	76
19	CSX TRANSPORTATION, INC.	CUMBERLAND, MD	$12,450.00	45
20	DOE-KAHUKU HIGH & INTERMEDIATE SCHOOL	KAHUKU, HI	$11,925.00	13
21	BROOKS BARREL COMPANY INC	CAMBRIDGE, MD	$11,575.00	23
22	GAMSE LITHOGRAPHING CO., INC.	BALTIMORE, MD	$11,075.00	30
23	ALLIED ATLANTIC SIGNS INC	GAITHERSBURG, MD	$10,970.00	30
24	D. L. D. ASSOCIATES LIMITED PARTNERSHIP	JESSUP, MD	$10,750.00	16
25	B&B TUNNELLING INC	JESSUP, MD	$10,720.00	12

📋 What Is 29 CFR 8900.32?

29 CFR 8900.32 (Record Access — Employee Exposure Records) is an OSHA regulatory standard under Part 1910 (Occupational Safety and Health Standards). Requires employers to preserve and provide access to employee medical and exposure records. Violations of this standard can result in penalties ranging from advisory notices to citations exceeding $150,000 for willful violations. Across the SVEP enforcement database, 4,533 facilities have been cited under this standard, accumulating $334.2K in total penalties.

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