If no specific OSHA standard applies to a given potential health hazard, then
A.
OSHA has no authority to govern the hazard.
B.
OSHA has the authority to govern the hazard under the general duty clause.
C.
the appropriate state agency must consult with OSHA in governance of the hazard.
D.
the appropriate state agency may govern the hazard without OSHA consultation.
The Answer Is:
B
This question includes an explanation.
Explanation:
According to Health Care Risk Management standards outlined by ASHRM and the American Hospital Association Certification Center, the Occupational Safety and Health Act includes a provision known as the General Duty Clause. This clause requires employers to furnish a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm, even when no specific OSHA standard addresses the hazard.
The General Duty Clause grants OSHA authority to cite employers for unsafe conditions not explicitly covered by a detailed regulation. To issue a citation under this clause, OSHA must demonstrate that a recognized hazard exists, that the hazard poses a risk of serious harm, and that feasible methods exist to correct or mitigate the hazard.
Therefore, OSHA retains enforcement authority even in the absence of a specific standard. The agency’s jurisdiction does not disappear simply because no detailed regulation addresses the particular risk.
Legal and regulatory objectives in healthcare risk management emphasize maintaining compliance with federal occupational safety laws and proactively identifying workplace hazards. Accordingly, OSHA may govern the hazard under the General Duty Clause when no specific standard applies.
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