Describe and discuss how OSHA makes use of Section 5(a)(1) of the Act - Assignment Example

OCCUPATIONAL SAFETY AND HEALTH ACT (General Duty Clause) of OCCUPATIONAL SAFETY AND HEALTH ACT The Occupational Safety and Health Act of 1970 (OSH Act) is the primary or main law designed to protect private employees from hazards in their working places. It is a part of social-enlightenment laws to prevent exploitation of workers by their employers and the agency that is mandated to enforce this law is the Occupational Safety and Health Administration (OSHA). It is a federal agency with wide-ranging powers and one of its main tools is Section 5(a)(1) of the Act known as the General Duty Clause, intentionally vague but all inclusive (US DOL, n.d., p. 1).For the clause to be invoked, there must be a hazard that is existing although there are consensus standards (as agreed upon) which exposes an employee to potential physical injury or even possibly serious harm such as hospitalization or death.

Hazard here means danger, and it is quite subjective but as long as there is potential injury or harm, then a hazardous situation exists. The hazard must be recognized or evident, such as a construction worker who is above a scaffold that is ten feet high but working without a safety belt or no rails were being provided by the construction company. The law requires safety measures (belt or rails) for anyone who works at more than six feet in any construction-related project to prevent accidental falls.

A fall at more than six feet height is very likely to cause serious physical harm, such as a broken arm, broken leg or a broken neck (resulting in paralysis) or even much worse, death (if the worker happens to fall head first). Just because no accident has happened yet does not mean a hazard does not exist, and the General Duty Clause is precisely intended to prevent accidents. The employer (construction firm) must provide abatement measures that will reduce or eliminate the hazard from an accidental fall, such as issuing safety belts or building those rails.

It is feasible or easily doable by the company but may entail some additional expense on its part. ReferenceUnited States Department of Labor (n.d.). Occupational safety and health administration. Www.OSHA.gov Retrieved from http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=PREAMBLES&p_id=1144