General Duty Clause: A Curse or a Blessing Essay

It is quite true that employers have the responsibility to supervise the health and sentry go of its employees in the work. Companies who ignore the need to assure its employees should be punished and those who rede their workforce a secure facility should be hailed and honored as models. Government regulations be always implemented to protect the lives of workers. The Occupational recourse and wellness crop of 1970 (OSHact) is unrivaled example of the various laws passed by the Congress. Nevertheless, at that place is one particular provision in the OSHact that is ambiguous this section is very more called the customary certificate of indebtedness clause.According to the act, the General duty Clause states that (2a) individually employer (1) shall furnish to each of his employees trading and a place of employment which are free from recognized haps that are causing or are likely to cause death or serious physical injury to his employees (2) shall comply with occupat ional safety and health touchstones promulgated under this Act. (2b) Each employee shall comply with occupational safety and health hazards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.The increasing awareness of the various work-related accidents in society has urged the Congress to enact such provision of the law. The General barter Clause obliges employers to recognize all types of hazards in their workplace. It also expects that employers should design and abide by the safety of the workplace to minimize any accidents that the identified hazards whitethorn set out to the employees (http//www. epa. gov). Due to this section of the OSHact, The Department of Labor Occupational Safety and Health Administration (OSHA) visit all functional facilities to inspect any violations regarding the say provision.The employers should then devote any(prenominal) of their resources on useful expertise and associatio n to reduce if not to eliminate hazards. Furthermore, the General traffic Clause has a very broad scope that compliance to it seems to be so punishing (http//www. dem. ri. gov). The article expects that beside the accredited standards and hazards known to the OSHA, the employers also need to pin locate unknown and undiscovered hazards in their facilities. Therefore, although there is no detailed standard regarding a hazard, the company send away be cited for violation (Robins, 1988, p. 31).This stern be very demanding since a single skipped hazard however simple may put the company into jeopardy if the OSHA representative finds it out before the focal point does. Another difficulty that the employer can encounter is the inadequate capacity of the commission to accommodate the means to eliminate or reduce the hazard (http//www. dem. ri. gov). This is in particular important to small businesses and companies who are not financially ready to decide such problems. The General D uty Clause is very advantageous to employees and workers. such is so because the OSHA inspector has great power regarding this section of the Act. The inspector can manipulate violations and hazards in the way that can jeopardize the company. Since the inspector is sibyllic to examine the workplace and the system processes occurring in the workplace, he can pass with flying colors change surface the smallest hazard in the vicinity. He can even be paying attention at a achievable hazard that to him is viable but in reality and in the companys context of use is not a hazard at all.This is possible because the General Duty Clause does not only speak of recognized hazards that have indite standards from the OSHA. The General Duty Clause, as its name implies, encompasses all possible hazards even those that are yet 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. A n OSHA representative can simply walk into your milling machinery and find pitfalls that can damage the profits of the company.Even at some instances, the inspector can find a new hazard that has neer been known in the entire history and yet it finds it a hazard in your community. This simple violation can then cause the obstruction of the said facility. Another headache that can be caused by the General Duty Clause is the over assurance that it can produce to an employers workforce. In liberal and radical environments, the workers union can exaggerate the possible hazards that are not really potentially dangerous and file 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 happen in a facility and yet no hazard can be the root cause of such occurrences but the workers union can hushed file a case against the company because of the provision of the General Duty Clause. Although accidents do happen, sometimes these are not actually due to the dangers of the workplace but rather due to the incapability, carelessness or ignorance of employees.The General Duty Clause has an excellent aim that is to provide a safe working environment for employees. This is an important goal for the employer who regards his people as his most prodigious asset. Nevertheless, the whole text of the General Duty Clause has so much ambiguity that sometimes, some opportunistic employees and inspectors use it against the company and thus dilapidation its existence. It should therefore be used and implemented with dignity and justice to acquire a more cooperative interrelationship between the OSHA, the employer and its employees.