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14 Cards in this Set

  • Front
  • Back
Types of OSHA claims (2)
1) General Duty Clause
2) Specific Standards (5a2)
General Duty Clause (def)
- Catch all.
- This says that if your safety does not reach a certain level of safety then you are liable.
- There is a “line” that signifies when you should have known better and fixed the problem. These are harder to prove because they are not enumerated
Specific Standards (5a2) (def)
- These are specific standards that have been set forth and must be met by an employer.
- Standards must be “reasonably necessary and appropriate to provide safe or healthful employment” which “most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity.”
- Must have for OSHA to apply
- The employer’s business does not have to be engaged in interstate commerce, it only has to affect it.
- Burden: Very deferential standard.
1. There is substantial evidence
2. On the record as a whole
Specific Standards Reqs (3)
1) Feasible
2) Safe
3) Significant risk of material impairment of health or functional capacity
Specific Standards - Feasibility
Standard must be reasonable,
- should be what is feasible for a business or industry, not what is technically feasible or possible.
Specific Standards - Safe
The act does not require that the standard makes the workplace “risk free” only that it is safe.
Specific Standards - Significant risk
OSHA must prove this.
o Does not have to show the exact mathematical probability
o Can err on the side of safety
o Can require a monitoring below whatever the level they set it at to gather evidence for revision
o Doesn’t have to be anything approaching a scientific certainty
o Can use conservative assumptions
Downstream warnings
When you create a product you have to provide info on the dangers of the product no matter how remote the downstream damages may be
General Duty Clause Requirements
1) Existence of a hazard
2) Recognition of a hazard
3) Serious physical harm:
4) Feasibility of abatement
5) Specific remedies
General Duty Clause - Existence of a hazard (2)
Must show:
1) Actual or potential physical harm
2) A sufficient causal connection between the harm and the workplace
General Duty Clause - Serious physical harm
this has to be enough harm to prevent an employee from doing their job. Harm “likely to cause death or serious physical harm.”
General Duty Clause - Feasibility of abatement
must show that feasible means exist to eliminate or materially reduce the hazard.
General Duty Clause - Specific remedies
OSHC has to come forth with specific items that employers should have done which are feasible and utile.