General Duty Clause: A Curse or a Blessing Essay

It is quite true that employers cast the responsibility to supervise the health and pencil eraser of its employees in the work sit. Companies who ignore the need to attend its employees should be punished and those who render their custody a secure facility should be hailed and honored as models. Government regulations atomic number 18 always use to protect the lives of workers. The occupational Safety and wellness Act of 1970 (OSHact) is peerless example of the various laws passed by the Congress. Nevertheless, there is iodine particular readiness in the OSHact that is ambiguous this role is often c eithered the habitual calling article.According to the act, the superior general business clause states that (2a) Each employer (1) shall bestow to each of his employees employment and a place of employment which be free from know jeopardizes that ar causing or are likely to cause death or serious physical harm to his employees (2) shall respect with occupational sa fety and health standards declare under this Act. (2b) Each employee shall comply with occupational safety and health judges and all rules, regulations, and orders issued consistent to this Act which are applicable to his have got actions and conduct.The increasing awareness of the various work-related accidents in society has urged the Congress to enact much(prenominal) provision of the law. The widely distri only whened Duty clause obliges employers to recognize all types of jeopardizes in their employment. It to a fault expects that employers should design and maintain the safety of the workplace to minimize any accidents that the identified opines whitethorn bring to the employees (http//www. epa. gov). Due to this section of the OSHact, The section of Labor Occupational Safety and Health Administration (OSHA) visit all running(a) facilities to inspect any violations regarding the express provision.The employers should hence devote some of their resources on use able expertise and knowledge to reduce if not to eliminate hazards. Furthermore, the General Duty article has a very broad arena that compliance to it seems to be so threatening (http//www. dem. ri. gov). The article expects that beside the accredited standards and hazards known to the OSHA, the employers similarly need to pin point apart(p) and undiscovered hazards in their facilities. Therefore, although there is no detailed standard regarding a hazard, the bon ton stand be cited for violation (Robins, 1988, p. 31).This dismiss be very demanding since a oddball-by-case skipped hazard however simple whitethorn put the company into jeopardy if the OSHA illustration call ups it out before the management does. other difficulty that the employer empennage encounter is the hapless capacity of the management to accommodate the way to eliminate or reduce the hazard (http//www. dem. ri. gov). This is especially important to small businesses and companies who are not financia lly ready to go such problems. The General Duty Clause is very advantageous to employees and workers.Such is so because the OSHA examiner has great power regarding this section of the Act. The inspector raise manipulate violations and hazards in the way that back tooth jeopardize the company. Since the inspector is supposed to examine the workplace and the agreement processes occurring in the workplace, he can boom even the smallest hazard in the vicinity. He can even be gainful attention at a affirmable hazard that to him is viable but in reality and in the companys con textbook is not a hazard at all.This is manageable because the General Duty Clause does not only enunciate of recognized hazards that have written standards from the OSHA. The General Duty Clause, as its name implies, encompasses all possible hazards even those that are even so to be discovered. A violation in the OSHA can overthrow the success of a company. Thus, such a situation is one of the events that the employers are frightened about. An OSHA representative can simply walk into your factory and find pitfalls that can damage the profits of the company. unconstipated at some instances, the inspector can find a new hazard that has never been known in the consummate history and except it finds it a hazard in your community. This simple violation can then cause the closure of the said facility. Another headache that can be caused by the General Duty Clause is the over assurance that it can make water to an employers workforce. In liberal and rotatory purlieus, the workers union can exaggerate the possible hazards that are not really potentially dangerous and commove a case at the OSHA.These then can overly demand a pile of benefits that can deplete the resources of the company. Some accidents may come on in a facility and yet no hazard can be the root cause of such occurrences but the workers union can still file a case against the company because of the provision of the Gen eral Duty Clause. Although accidents do happen, sometimes these are not actually ascribable to the dangers of the workplace but rather payable to the incapability, carelessness or ignorance of employees.The General Duty Clause has an excellent aim that is to stomach a safe working environment for employees. This is an important goal for the employer who regards his people as his most significant asset. Nevertheless, the whole text of the General Duty Clause has so much ambiguity that sometimes, some timeserving employees and inspectors use it against the company and thus misuse its existence. It should therefore be used and implemented with dignity and justice to create a more cooperative interrelationship amidst the OSHA, the employer and its employees.