OSHA Proposes Rule to Clarify Limits of General Duty Clause Enforcement
A new OSHA proposal would limit the use of the General Duty Clause in cases where workplace hazards are considered inherent to professional, athletic, or entertainment activities.
- By Stasia DeMarco
- Jul 08, 2025
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has proposed a rule to clarify its interpretation of the General Duty Clause, seeking to limit its use in enforcing workplace safety regulations for hazards that are inseparable from the core nature of certain professional activities.
Section 5(a)(1) of the Occupational Safety and Health Act, known as the General Duty Clause, requires employers to maintain a workplace free from recognized hazards likely to cause death or serious physical harm. Under the proposed interpretation, OSHA would not cite employers under this clause when the hazard in question is considered an inherent part of the professional, athletic, or entertainment activity itself.
The agency stated that the proposal is intended to provide regulatory clarity and acknowledge the limitations of OSHA’s authority when addressing risks that are inseparable from the essence of a professional performance or occupation.
In the proposed rule, OSHA emphasized that this interpretation does not affect its ability to enforce safety standards when hazards can be mitigated or when specific regulations are already in place.
Public comments on the proposal will be accepted through September 2, 2025. OSHA has invited stakeholders to submit feedback for consideration in shaping the final rule.
To view the full proposal or submit comments, visit the official Federal Register notice:
https://www.federalregister.gov/documents/2025/07/01/2025-12236/occupational-safety-and-health-standards-interpretation-of-the-general-duty-clause-limitation-for
About the Author
Stasia DeMarco brings a strong and varied journalism background to her role at Occupational Health & Safety, having previously served as a multimedia editor, broadcast journalist, professor and reviewer across major news organizations. As Content Editor, she writes news and feature articles, hosts sponsor and editorial webinars, co-hosts the SafetyPod worker health and safety podcast, and manages the brand’s digital and social media presence. She is committed to informing and engaging the safety community through compelling reporting and conversations that support safer, healthier workplaces.