OSHA Proposes to Limit Use of the General Duty Clause

On July 1, 2025, OSHA announced a proposed rule that would significantly narrow the scope of its General Duty Clause (GDC) – a foundational tool the agency uses to protect workers when no specific standard applies. The proposed change would prevent OSHA from citing employers under the GDC for hazards that are considered “inherent and inseparable” from the core nature of a job or performance-based activity.

The General Duty Clause, found in Section 5(a)(1) of the Occupational Safety and Health Act, requires employers to provide a workplace “free from recognized hazards” that are likely to cause death or serious harm, even if no specific OSHA standard addresses the hazard.

Historically, OSHA has used this clause to address a range of hazards, including:

• Workplace violence
• Extreme heat exposure
• Ergonomic risks
• Unregulated chemical hazards
• Biological threats (e.g., COVID-19, mold, etc.)

Because of its broad applicability, the GDC has often served as a flexible tool for addressing emerging or complex risks that fall outside the scope of current standards.

The Details

If you’re wondering why OSHA would limit one of its most important enforcement tools, you’re not alone. The proposed rule does not change the underlying law but instead clarifies OSHA’s enforcement approach in consideration of recent legal trends.

Cases such as the Supreme Court’s Biden v. OSHA (2022) and SeaWorld of Florida, LLC v. Perez (2014), have tested the limits of federal authority when regulations extend into areas not clearly authorized by Congress.

The SeaWorld of Florida, LLC v. Perez case arose after a trainer was killed by a whale during a performance. OSHA cited SeaWorld under the General Duty Clause, arguing the hazard could have been mitigated through safety measures. The Department of Labor initially won, but SeaWorld appealed, and the D.C. Circuit Court ultimately ruled in favor of the employer. The court found that the hazard (close contact with killer whales) was inherent and inseparable from the nature of the work.

The SeaWorld decision highlighted a key legal limitation for OSHA: when a hazard is considered an unavoidable element of a job, courts may reject GDC citations. To avoid similar potential legal challenges in the future, OSHA’s proposed interpretation seeks to limit enforcement under the GDC when a hazard is considered both:

• Inherent and inseparable from the core nature of a professional activity; and
• Not feasibly eliminated without fundamentally altering or preventing the job from being performed.

This approach signals a more cautious application of the GDC, especially in areas where courts may view certain risks as unavoidable or essential to specific job functions.

Essentially, OSHA is saying it doesn’t want to overstep its authority by regulating risks that courts or lawmakers may view as unavoidable parts of the job.

Industry Impacts

The proposed change could affect how OSHA enforces workplace safety in industries where certain risks are prevalent but not yet addressed by specific standards. This raises some important questions:

• In the absence of a specific standard, how will such hazards be regulated if they are excluded from General Duty Clause enforcement?
• Could this lead to less accountability for preventable injuries in high-risk jobs?
• Will employers lean on the phrase “inherent to the work” to avoid investing in safer practices?

There is ongoing discussion among safety professionals about the implications of the proposed rule. While some see it as a legally prudent move, others have raised concerns that it could limit proactive safety enforcement in areas where formal regulations do not yet exist.

What You Can Do

This rule is still in the proposal phase, and OSHA is accepting public comments through September 2, 2025. OSHA is seeking input from employers, workers, safety professionals, and other stakeholders.

Visit the Federal Register Notice to read the full proposal and submit a public comment under Docket No. OSHA-2025-0007.

To discuss the proposal with an experienced safety professional, contact Walden’s EHS team at 860-846-4069.