OSHA Proposal Narrows Catch-All Clause for Violations

What happened: The Occupational Safety and Health Administration (OSHA) July 1 proposed limiting when it can issue citations under the “General Duty Clause”—a catch-all provision requiring employers to protect workers from recognized hazards, even when no specific standard applies. Currently, OSHA can cite an employer if it believes a known hazard wasn’t adequately addressed. The proposed change would prevent the agency from using the clause to cite employers for risks that are inherent to a profession.

Why it matters: While OSHA says the rule is primarily aimed at sectors like professional sports and live entertainment, it may also clarify enforcement boundaries for other high-risk fields. Transportation construction, for example, carries known risks that are widely understood as part of the work. The proposal clarifies that the General Duty Clause does not authorize OSHA to restrict activities simply because they involve inherent risk.

A possible interpretation for our industry could be precluding contractors from being cited when motorists intrude into the workspace and strike workers. Employers would still be expected to take reasonable steps to manage those hazards—but wouldn’t be penalized for not eliminating risks that are unavoidable without fundamentally altering the job.

What’s next: ARTBA will submit comments on the proposal and encourages members to contact Brad Sant or Prianka Sharma with input, questions, or concerns. Comments are due by Sept. 2.