General Duty Clause

The General Duty Clause is Section 5(a)(1) of the Occupational Safety and Health Act of 1970. It requires employers to provide a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm.

There is no final federal heat standard as of November 2026, so OSHA uses this clause to cite heat hazards. OSHA says its Technical Manual uses WBGT to decide if a heat hazard was present. Employers can show they took the hazard seriously with a heat illness prevention plan, training and water, rest, shade. See OSHA heat rules and the Heat NEP. This is not legal advice.