OSHA 10-Hour Construction ReviewIntroduction to OSHAHard
The General Duty Clause of the OSH Act requires employers to provide a workplace free from 'recognized hazards.' What does 'recognized hazards' specifically imply in the context of this clause?
- AHazards that are explicitly listed in published OSHA standards.
- BHazards that the employer is aware of, or a reasonably prudent employer would be aware of.
- CHazards that have caused a fatality or serious injury on the specific worksite.
- DHazards identified and reported by at least 50% of the workforce.
Show answer & explanationAnswer & explanation
Correct answer: B. Hazards that the employer is aware of, or a reasonably prudent employer would be aware of.
A 'recognized hazard' under the General Duty Clause is one that is either known by the employer or is generally known in the industry, or detectable by a reasonably diligent employer.
Why the other options are wrong
- A. While these are recognized, the General Duty Clause applies even when no specific standard exists, broadening the definition beyond explicit listings.
- C. While past incidents can indicate a recognized hazard, it's not a prerequisite; the hazard can be recognized even without a prior incident on that specific site.
- D. Employee consensus is not the legal standard for a hazard to be 'recognized' by an employer or the industry.
Recognized Hazard (General Duty Clause)
A hazard is 'recognized' if it is known to the employer, or if it is generally known in the industry to be a hazard, or if it is detectable by a reasonably diligent employer.
- Does not require a specific OSHA standard.
- Includes hazards known through industry experience or common sense.
- Employer's knowledge can be actual or constructive.
Memory trick: If you know it, or should know it, it's a recognized hazard, don't blow it!