29 U.S.C. § 654 – Duties of Employers and Employees (OSHA General Duty Clause)

Code Details

29 USC 654: Duties of employers and employees
Text contains those laws in effect on August 26, 2025
From Title 29-LABOR
CHAPTER 15-OCCUPATIONAL SAFETY AND HEALTH

Exact Statute Text

29 U.S.C. § 654 Summary

This section of the Occupational Safety and Health Act (OSHA) outlines the fundamental responsibilities for workplace safety. Specifically, subsection (a) places a direct obligation on every employer to ensure their employees work in an environment free from “recognized hazards” that could lead to severe injury or death. This is commonly known as the “General Duty Clause.” Additionally, employers must adhere to all specific occupational safety and health standards established under the OSHA chapter. Subsection (b) extends the responsibility to employees, requiring them to comply with all applicable safety standards, rules, regulations, and orders that pertain to their work activities and behavior. In essence, it establishes a two-way street for workplace safety compliance.

Purpose of 29 U.S.C. § 654

The legislative intent behind this vital statute is to ensure safe and healthy working conditions for all American employees, aiming to prevent workplace injuries, illnesses, and fatalities. Congress enacted 29 U.S.C. § 654 to address the severe economic and human costs associated with occupational accidents and diseases. The “General Duty Clause” (subsection a)(1) serves as a critical safety net, allowing OSHA to cite employers for hazardous conditions even if no specific OSHA standard directly covers that particular hazard. This ensures that employers cannot simply comply with specific rules while ignoring obvious and dangerous workplace conditions. Subsection (a)(2) reinforces the mandate for employers to follow established, specific safety regulations. The inclusion of subsection (b) underscores that workplace safety is a shared responsibility, requiring active participation and compliance from employees as well.

Real-World Example of 29 U.S.C. § 654

Consider a construction company operating in Texas. One day, a worker is tasked with operating heavy machinery near an excavation site. There is no specific OSHA standard that dictates the exact distance this particular type of machinery must be from the edge of an excavation, nor does the company have a specific written policy for it. However, it is a widely “recognized hazard” in the construction industry that operating heavy equipment too close to an unsupported trench edge can lead to a collapse, potentially causing serious injury or death to the operator or other workers nearby.

Despite the lack of a specific standard, the employer’s failure to ensure a safe distance, provide proper training, or implement other preventive measures would likely constitute a violation of 29 U.S.C. § 654(a)(1), the General Duty Clause. If a collapse were to occur, causing injury, OSHA could cite the employer for failing to provide a workplace free from a recognized hazard. Conversely, if an employee deliberately removed a safety guard from a piece of equipment, directly violating a company rule based on an OSHA standard, that employee could be found in violation of 29 U.S.C. § 654(b).

Related Statutes

• 29 U.S.C. § 651 – Congressional findings and statement of purpose: This introductory section of the OSH Act outlines the fundamental reasons for the law’s creation, emphasizing the congressional intent to assure safe and healthful working conditions for every man and woman in the Nation. It sets the stage for the specific duties laid out in § 654.
• 29 U.S.C. § 655 – Standards: This section details the process by which OSHA develops, promulgates, modifies, and revokes occupational safety and health standards. These are the specific standards that employers are mandated to comply with under § 654(a)(2).
• 29 U.S.C. § 657 – Inspections, investigations, and recordkeeping: This statute grants OSHA the authority to conduct workplace inspections and investigations to determine if employers are complying with the OSH Act, including the duties outlined in § 654. It also mandates employers to keep records of workplace injuries and illnesses.
• 29 U.S.C. § 666 – Civil and criminal penalties: This section defines the penalties that can be imposed on employers who violate the OSH Act, including the General Duty Clause (§ 654). Penalties can range from monetary fines to criminal charges in severe cases involving willful violations leading to an employee’s death.

Case Law Interpreting 29 U.S.C. § 654

Several key legal cases have shaped the interpretation and enforcement of the OSHA General Duty Clause. One of the most foundational cases is National Realty and Construction Co. v. OSHRC. In this 1973 D.C. Circuit Court of Appeals decision, the court clarified what constitutes a “recognized hazard” under the General Duty Clause. It established that a hazard is “recognized” if it is known to the employer or generally known in the employer’s industry. The court also held that for a violation to exist, there must be a feasible means by which the employer could have abated the hazard.

Another significant case is General Dynamics Corp. v. OSHRC, also from the D.C. Circuit, which further refined the “recognized hazard” standard, particularly in cases where a hazard may not be commonly recognized but the employer has specific knowledge of it. These cases, among others, provide critical guidance to employers, employees, and legal professionals regarding the scope and application of the General Duty Clause.

Why 29 U.S.C. § 654 Matters in Personal Injury Litigation

In Texas personal injury litigation, 29 U.S.C. § 654, particularly the General Duty Clause, plays a pivotal role, especially in cases involving workplace accidents. While OSHA itself does not create a private right of action for an injured employee to sue their employer directly for an OSHA violation, the standards and duties it imposes are often central to establishing negligence in a personal injury claim.

For plaintiffs, a violation of 29 U.S.C. § 654 or specific OSHA standards can serve as powerful evidence that an employer breached their duty of care to provide a safe workplace. This can be crucial in demonstrating negligence in a common law personal injury suit, especially where workers’ compensation may not be the exclusive remedy (e.g., for non-subscribing employers in Texas or in third-party claims against contractors, manufacturers, or property owners). An attorney specializing in Texas personal injury law can use OSHA citations or even the simple fact of a recognized hazard and the employer’s failure to address it, to strengthen a claim that the employer’s actions (or inactions) directly led to the client’s injuries.

For defendants, demonstrating compliance with 29 U.S.C. § 654 and all applicable OSHA standards can be a strong defense against allegations of negligence. Employers can argue that they took all reasonable steps to provide a safe working environment, thereby fulfilling their general duty and specific compliance obligations. However, simply complying with specific standards may not be enough if a recognized hazard still existed that caused serious harm, highlighting the broad reach of the General Duty Clause. Understanding this federal statute is therefore essential for both plaintiffs’ and defendants’ strategies in Texas workplace injury cases.