Thanks for asking this all important question. According to OSHA, there are four factors that determine whether an employer violated the General Duty Clause. They are:

1. The employer failed to keep the workplace free of a hazard to which employees were exposed.

2. The hazard was recognized by the employer or industry.

3. The hazard posed a serious injury or health risk.

4. A feasible abatement method existed.

Last Edited on 13-Jul-2008 11:00 PM