OSHA has issued a memo detailing a four-part test that must be applied before issuing General Duty Clause citations for respiratory hazards that lack a permissible exposure limit. This guidance, sent to regional administrators on November 2 by Kim Stille, acting director of OSHA’s Directorate of Enforcement Programs, outlines the criteria for such citations.
According to the memo, a General Duty Clause citation cannot be based solely on a “measured exposure” exceeding an occupational exposure limit or a documented exposure to a “recognized carcinogen.” Instead, area offices must verify the following four elements:
- Workplace Safety: The employer failed to keep the workplace free of a hazard to which employees were exposed.
- Recognition of Hazard: The hazard was recognized.
- Severity of Hazard: The hazard was causing or likely to cause death or physical harm.
- Feasibility of Correction: A feasible and useful method to correct the hazard was available.
If evidence does not meet all four criteria, the area office should issue a hazard alert letter instead of a citation, Stille advises.
The memo also provides detailed guidance for applying each part of the test and includes a sample hazard alert letter. The General Duty Clause may be used to cite respiratory hazards from exposure to air contaminants not covered by an OSHA permissible exposure limit, as noted in the guidance. For more information, you can refer to the OSHA official memo here.
