Employer Obligations Under OSHA’s General Duty Clause
The OSH Act, which established OSHA, sets and enforces workplace safety and health standards. In doing so, it assures safe and healthful working conditions for working men and women. Notably, the OSH Act’s “General Duty Clause” requires that all employers:- shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; and
- shall comply with occupational safety and health standards promulgated under this Act.
Common Hazards During Hurricane Recovery
Specific hazards during hurricane recovery include those related to electricity, debris removal, water removal and water damage, tree trimming, and roof work. Employers should remember that only trained individuals with the right equipment and experience should conduct such specialized recovery and cleanup activities. Flood recovery, specifically, carries some additional hazards inherent with the type of damage that can occur in such disasters, like mold or carbon monoxide. Employers should be aware of the following hazards after a flood and direct workers to take the appropriate precautions:- Poisonous gas from generators – gas and diesel-powered electrical generators should be kept outdoors to prevent a build-up and exposure to carbon monoxide.
- Electricity – keep a safe distance from downed or damaged power lines and leave the repairs to trained utility workers.
- Downed trees – wear appropriate personal protective equipment (PPE), including gloves, hearing, head, foot, or eye protection, as well as fall protection when performing tree removal.
- Chemical or biological – wash hands well and wear the appropriate PPE.
Tips and Tools to Avoid Hazards During Hurricane Recovery
According to OSHA Regional Administrator Kurt Petermeyer, “During storm cleanup, the risk of injuries, illnesses and fatalities can be reduced with knowledge, safe work practices, and appropriate personal protective equipment.” In general, employers should take the following protective measures to help protect against hazards during hurricane recovery:- Evaluate the entire work area for any new and recognized hazards.
- Assess the stability of structures and walking-working surfaces.
- Use the correct fall protection when working on elevated surfaces.
- Assume that all power lines are live.
- Operate all equipment correctly.
- Provide for and ensure that workers use the appropriate PPE.