OSH Law Primer, Part III: The Duty to Comply with Standards
Overview of Series: This series aims to provide a high-level understanding of the OSH Act and OSHA, equipping readers with foundational knowledge of their influence on U.S. workplaces.
Focus of Article Three: The third article in the series explores the duty to comply with standards outlined in Section 5(a)(1) and Section 5(a)(2) of the OSH Act.
Principle of Preemption: Known as the “principle of preemption,” more specific standards take precedence over general ones. Employers must comply with specific standards, even in industry-specific situations.
Employer Defenses: Employers can raise affirmative defenses when cited for violations, including infeasibility, greater hazard, unpreventable employee misconduct, and invalidity of the standard, shifting the burden of proof onto the employer.
