§ 654, 5(a)2: Each employer shall comply with occupational safety and health standards promulgated under this act.
§ 654, 5(b): Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to his own actions and conduct.
The general duty provisions are used in inspections only where there are no specific standards applicable to the particular hazard involved.
Any recognized hazard created in part by a condition not covered by a standard may be cited under the general duty clause.
Under the Clean Air Act Section 112(r)(1), the General Duty Clause states: “The owners and operators of stationary sources producing, processing, handling or storing such substances (i.e., a chemical in 40 CFR part 68 or any other extremely hazardous substance) have a general duty [in the same manner and to the same extent as the general duty clause in the Occupational Safety and Health Act (OSHA)] to identify hazards which may result from (such) releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur.”