Since 1970, the Occupational Safety and Health Act has included the General Duty Clause (Section 5(a)(1)), which requires employers to provide a workplace free from recognized hazards that could cause death or serious harm.
The General Duty Clause (GDC) serves as a catch-all protection when no specific OSHA standard applies. It has been a critical tool for addressing hazards that are well known, preventable, and dangerous but not yet covered by detailed regulations.
OSHA has proposed changes that would restrict the scope of the General Duty Clause by limiting its application to certain hazards and industries. The proposed language suggests that “inherently risky professional activities” could be exempt from coverage.
This is a dangerous shift. By carving out broad exclusions, the proposed rule would strip OSHA of its ability to hold employers accountable when workers face serious hazards not already addressed by a specific standard.
Why this matters for utility workers
UWUA members face complex and evolving risks every day — many not directly addressed by OSHA’s existing standards. Historically, the GDC has been used to protect utility workers from:
- Heat stress and cold stress during outdoor repair and restoration.
- Workplace violence during shutoffs or emergency responses.
- Traffic hazards in roadway work zones.
- Confined space hazards such as oxygen deficiency, methane, or hydrogen sulfide in vaults and sewers.
- Exposure to diesel exhaust, mold, silica dust, and welding fumes beyond current OSHA limits.
- Fatigue from extended storm restoration shifts during mutual aid deployments.
Without the GDC, employers could argue these are “inherent risks of the profession” and avoid taking reasonable, well-known steps to protect workers.
Real-world examples of the GDC at work
The GDC has been used in numerous cases relevant to the utility industry:
- Heat Illness Citations (OSHA Region VI, 2019): Employers were cited for failing to provide rest, shade, and hydration during extreme heat. These protections saved lives while OSHA worked on a specific heat standard.
- Workplace Violence (OSHA Region I, 2017): A utility employer was cited after workers were assaulted during service shutoffs. The citation required stronger security and worker protections.
- Confined Spaces (multiple cases): Before OSHA issued a confined space standard, the GDC was the primary enforcement tool holding employers accountable for toxic atmosphere hazards in vaults and manholes.
Each case shows how the GDC has filled critical regulatory gaps — gaps utility workers encounter daily.
The negative consequences of weakening the GDC
- Reduced Employer Accountability: Employers could dismiss common, preventable hazards as “inherent” to utility work.
- Increased Worker Risk: Utility workers would face greater risks of heat stroke, workplace violence, toxic exposures, and struck-by incidents in traffic zones.
- Weakened Union Leverage: UWUA safety committees rely on the GDC to compel employers to address unregulated hazards. Without it, our ability to advocate for safer worksites would be diminished.
- Erosion of Worker Rights Nationwide: Restricting the GDC would set a precedent that undermines worker safety across all industries — not just utilities.
The UWUA’s position
The UWUA strongly opposes the proposed changes to the General Duty Clause. Weakening this fundamental protection would roll back decades of safety progress and expose our members to unnecessary risks.
The GDC ensures that when OSHA has not yet caught up with science, technology, or emerging hazards, workers are still protected. Weakening it leaves dangerous gaps — gaps that will inevitably be filled with injuries, illnesses, and fatalities.
Call to action
Utility workers must make their voices heard on this urgent issue. The National will submit formal comments opposing the rule change — and we urge all locals and state councils to do the same. Comments will be accepted until November 1 (OSHA Docket: OSHA-2025-0041).
Together, we will:
- Partner with the AFL-CIO and allied labor organizations to amplify worker voices.
- Continue the fight for the highest levels of protection for utility workers — who already perform some of the most dangerous jobs in the country.
The General Duty Clause is not a burden on employers — it is a lifeline for workers. Weakening it is nothing less than an attack on the right of every worker to return home safe at the end of the day.
The UWUA stands united against this proposed rollback. Together, we will fight to keep our workplaces safe and our voices strong.