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.
According to OSHA, the best practices that are issued by non-regulatory organizations such as the National Institute for Occupational Safety and Health (NIOSH), the Centers for Disease Control and Prevention (CDC), the National Research Council (NRC), and the National Institutes of Health (NIH), can be enforceable under section 5(a)(1).
