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OSHA General Duty Clause

With the approach of Labor Day, the US pays tribute to the contributions and achievements of its workers.  Recent years’ events have been intense as healthcare organizations have worked hard to keep their employees safe from COVID-19.  OSHA standards play a large part of protecting workers in healthcare settings with standards for bloodborne pathogens, personal…

With the approach of Labor Day, the US pays tribute to the contributions and achievements of its workers.  Recent years’ events have been intense as healthcare organizations have worked hard to keep their employees safe from COVID-19.  OSHA standards play a large part of protecting workers in healthcare settings with standards for bloodborne pathogens, personal protective equipment, and the general duty clause.  Most home health and hospice organizations are well aware of OSHA standards directly related to healthcare; however, there is a four-part test required for OSHA to issue a General Duty Clause citation.  These are: 

  1. The employer failed to keep the workplace free of a hazard to which its employees were exposed.
  2. The hazard was recognized.
  3. The hazard was causing or was likely to cause death or serious physical harm.
  4. A feasible and useful method to correct the hazard was available.

    Employers need to examine their injury and illness logs on a regular basis.  Look with fresh eyes to determine if actions are needed to protect workers.  Even when the probability is low of an OSHA citation, protecting workers from injury is essential to a healthy workplace.  Now, go forth and enjoy a safe well deserved three-day weekend!