OSHA General Duty Clause: More Than A "Catch All" Provision

The Occupational Safety and Health Administration (OSHA) reached a settlement agreement with Dollar General that requires it to pay a $12M fine following alleged workplace safety violations. The alleged violations included "unsafe storage, blocked emergency exits and fire extinguishers, and inaccessible electrical panels."

Per the terms of the settlement, Dollar General must also improve conditions at all 20,000 of its retail stores across the U.S. The organization must "significantly reduce inventory and improve stocking" to prevent these hazards; hire more safety managers; and establish a health and safety committee that includes employee participation.

Dollar General could be fined $100,000 per day for any additional problems discovered in the future that are not resolved within 48 hours.

According to the U.S. Department of Labor (DOL), Dollar General has hired an outside consultant and an independent auditor who will identify potential workplace hazards and make recommendations for their removal. "Dollar General agrees to pay $12 million fine to settle alleged workplace safety violations" apnews.com (Jul. 11, 2024).

Commentary

To avoid the risk of heavy fines and potential workplace injuries, employers "must comply with all applicable OSHA standards" as well as "the General Duty Clause of the OSH Act, which requires employers to keep their workplace free of serious recognized hazards." "Law and Regulations" www.osha.gov. Dollar General will seek the assistance of an outside professional to make sure it is in compliance.

Employers should work with their legal and safety teams to review OSHA requirements for their industry, including the General Duty Clause. Create and implement policies and procedures to ensure compliance.

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