Occupational Safety and Health (OSH) Review Commission

Case Status


Docket Number

Oral Argument Date

June 07, 2018


Case Updates

OSHA Review Commission affirms OSHA citation for a general duty clause violation in home-health case

March 05, 2019

Click here to view the opinion.

U.S. Chamber urges OSHRC to reverse decision based on expanded definition of general duty clause of section 5(a)(1) of OSHA

October 28, 2015

In its brief, the U.S. Chamber urged the Occupational Safety and Health Review Commission to reverse the decision of an Administrative Law Judge, which held that an employer violated the “general duty” clause under OSH Act Section 5(a)(1) by failing to prevent the criminal acts of a client. The Chamber’s brief argues that the risk of criminal acts by third parties is not a recognized hazard within the well-established meaning of the general duty clause, and that expanding the scope of the general duty clause through informal agency guidance would circumvent the notice and comment rulemaking process contemplated by the OSH Act for addressing specific hazards.

Jacqueline M. Holmes of Jones Day served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents