Who is responsible for ensuring the acts general clause is followed where OSHA has not yet promulgated specific regulations?

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The employer is responsible for ensuring that the general duty clause of the Occupational Safety and Health Act (OSHA) is followed when there are no specific regulations in place. This clause requires employers to provide a work environment that is free from recognized hazards that could cause death or serious physical harm.

The employer has the legal obligation to assess their work environment for potential hazards and take necessary steps to keep employees safe. This includes not only following specific OSHA regulations when they exist but also adhering to the general requirement to maintain safety standards when specific guidelines have not been established.

The employee, while having a role in following safety protocols and reporting unsafe conditions, does not hold the primary responsibility. Similarly, the safety officer, while vital in implementing safety protocols and supervision, works under the guidance of the employer and does not have the overarching responsibility defined by OSHA. The federal government sets the regulatory framework but does not directly manage individual employer compliance. Therefore, the employer stands as the key figure in ensuring adherence to safety standards, particularly in the absence of specific regulations.

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