Introduction to OSHA
The statute and its parts
OSHA was created by the Occupational Safety and Health Act of 1970. Construction work is governed mainly by 29 CFR Part 1926, general industry by Part 1910, and injury and illness recording by Part 1904. The Act does not cover the self-employed, farms employing only immediate family members, or state and local government workers in states without an OSHA-approved state plan.
Section 5: the two employer duties
Section 5(a)(2) requires compliance with specific standards. Section 5(a)(1), the General Duty Clause, requires each employer to furnish a workplace free of recognized hazards likely to cause death or serious physical harm. To prove a General Duty Clause violation, OSHA must show a recognized hazard, a serious or potentially fatal outcome, and a feasible means of abatement. Miss any element and the clause fails.
Inspections, citations, and employee rights
Inspection priority runs: imminent danger; fatality or catastrophe; employee complaints and referrals; programmed inspections; follow-ups. Employees may request inspections, accompany the compliance officer on the walkaround, speak with inspectors privately, and are protected from retaliation by Section 11(c), which generally requires a complaint within 30 days. Citations must issue within six months of the violation, be posted at or near the work area for three working days or until abated, and abatement must be verified.
Rule of thumb
Before choosing a General Duty Clause answer, check whether a specific 1926 standard covers the condition. If one does, the specific standard governs; the General Duty Clause is the fallback, not the default.