General Duty Clause and Company Polices -- Review Commission Finds Issues Not Properly Tried

The Occupational Safety and Health Review Commission (OSHRC) recently found that an employer lacked fair notice of an obligation under the general duty clause to provide fall protection equipment, and that the issue of whether the employer’s work policy constituted a feasible means of abatement was not properly plead by the Occupational Safety and Health Administration (OSHA) or tried before the administrative law judge (ALJ).  Accordingly, the OSHRC reversed the ALJ’s decision and vacated the citation.  

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