The Clause
In order to include the consideration of ergonomic hazards in normal work place inspections without the use of specific standards, OSHA has turned to the provisions of Section 5 of the OSH Act or the "General Duty Clause" which states:

Section 5:

A. Each Employer:

• shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or likely to cause death or serious physical harm to his employees;
• shall comply with occupational safety and health standards promulgated under this Act.

B. Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this Act which are applicable to his own actions and conduct.

Discussion
It is under the provisions of paragraph 5A(1) that OSHA cites for ergonomic disorders. The language in paragraph 5B gives the impression that the employee holds significant responsibility for complying to health and safety standards. Although it appears that the employee could be fined by OSHA for not complying to health and safety standards, the employer bares most of the responsibility for compliance in the eyes of OSHA.

If an ergonomic hazard (or other hazard) exists, OSHA inspectors may issue a citation under the General Duty Clause when the following criteria are met:

• There is not an applicable OSHA standard.
• The employer failed to keep the work place free of a hazard to which employees of that employer were exposed.
• The hazard is (or should have been) recognized by the employer.
• The hazard is causing or was likely to cause death or other serious physical harm.
• There is a feasible and useful method to correct the hazard.

The absence of specific ergonomic standards requires interpretations when using the general duty clause.

Would the hazard cause serious physical harm?

Is the hazard recognized?

Do feasible abatement methods exist?