This move marks a pivotal moment in the evolving role of the General Duty Clause July 2025 discussions, as it challenges how safety is regulated when risk is seen as “inherent” to the job.
Background: What is the General Duty Clause?
The General Duty Clause, under Section 5(a)(1) of the Occupational Safety and Health Act, mandates employers to “furnish to each of his employees … a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Historically, OSHA has used the General Duty Clause to cite hazards not covered by specific standards.
Historically, OSHA has used the General Duty Clause to cite hazards not covered by specific standards.
To cite under the General Duty Clause, OSHA must prove four elements:
A hazard existed
The employer or industry recognized it
The hazard was causing or likely to cause serious harm or death
There was a feasible and effective means to correct the hazard
General Duty Clause July 2025 Reinterpretation
Earlier this month, OSHA proposed to narrow the scope of the General Duty Clause by excluding enforcement against hazards that are:
Inherent to the core nature of professional, athletic, or performance-based occupations.
Integral to the activity, and eliminating the hazard would fundamentally alter the essential function.
OSHA specifically cites industry sectors, including:
Live entertainment & performing arts
Animal handling/performances
Professional and extreme sports
Motorsports and high-risk recreation
Tactical/combat simulation training
Hazard-based journalism and media
Horse Racing
Even with exclusions, employers must still make reasonable efforts to mitigate risks via engineering, administrative controls, and personal protective equipment, if doing so does not fundamentally change the nature of the activity.
Employer Responsibilities Under the Proposal
Even with exclusions, employers must still make reasonable efforts to mitigate risks via engineering, administrative controls, and personal protective equipment, if doing so does not fundamentally change the nature of the activity.
Why Now?
Several factors prompted this proposal:
Legal precedent: A D.C. Circuit decision upheld a citation in a performance scenario—but Judge Kavanaugh dissented, stating OSHA should not overreach into activities where risk is inherent.
Judicial review: Recent Supreme Court precedents on the major questions doctrine require clear congressional authorization before agencies impose major policy changes.
Administrative agenda: The Trump-era Department of Labor is pursuing a broader deregulatory agenda, including this and over 60 rule changes, aimed at professionals such as entertainers and athletes.
Projected Impacts
OSHA estimates no new costs and projects annual savings of roughly $514,000 due to reduced General Duty Clause citations.
The rule is expected to affect a relatively small subset of workers, primarily in entertainment, sports, recreation, animal care, and journalism.
OSHA states there will be no major impact on small businesses, and it includes no additional paperwork or standards.
Broader Industry Response & How You Can Weigh In
OSHA’s General Duty Clause July 2025 proposal to limit enforcement has triggered strong reactions across industries.
Industry Response:
Supporters argue this establishes needed regulatory clarity and prevents OSHA overreach in high-risk, but essential career activities.
Critics, including labor unions and safety professionals, warn it could erode safety protections and lead to exceptions being exploited.
Experts in safety caution that without strong standards, industries must lean on self-regulation, consensus guidelines, and internal safety cultures to close the protection gap.
No matter your position on the General Duty Clause July 2025 reinterpretation, the comment period is open, allowing you to help shape the rule. Public comments are open through September 2, 2025. Stakeholders are invited to submit feedback on scope, definitions, impact, and supporting examples. OSHA will consider comments while drafting a final rule.
What Does This Mean for You?
If you’re in industries like entertainment, sports, animal performance, or high-risk media, you stand to gain regulatory clarity but also lose an enforcement backstop. Safety professionals, managers, and industry associations should evaluate impacts and consider reinforcing safety through industry standards, training programs, and internal audits—not reliant on OSHA alone.
Safety professionals, managers, and industry associations should evaluate impacts and consider reinforcing safety through industry standards, training programs, and internal audits—not reliant on OSHA alone.
How this Could Impact Future Interpretations and Other Industries
Although OSHA frames this General Duty Clause July 2025 proposal as limited to performance-based professions, the logic underpinning it—namely, that some risk is inseparable from the nature of the job—could ripple into more traditional industries such as construction, general industry, manufacturing, maritime, mining, and agriculture.
These sectors routinely expose workers to hazards cited under the general duty clause such as:
1. Heat Illness / Heat Stress
Especially in construction, agriculture, and warehousing
OSHA lacks a federal heat-specific standard (as of 2025), so the GDC is used when employers fail to protect workers from excessive heat
Example: lack of water, shade, rest breaks, or acclimatization plans
2. Workplace Violence
Cited in healthcare, social services, corrections, and late-night retail
Often involves failure to implement violence prevention policies, training, or security measures
3. Combustible Dust
Applies when facilities have explosive dust (e.g., food, grain, plastics, metals) and lack proper dust collection, housekeeping, or ignition source controls
Cited especially after major incidents (e.g., Imperial Sugar explosion)
4. Ergonomics / Musculoskeletal Disorders (MSDs)
Common in manufacturing, warehousing, and food processing
Includes overexertion, repetitive motion, or awkward postures leading to strains or chronic injuries
5. Infectious Disease Exposure
Applied during the COVID-19 pandemic and other outbreaks
Cited in healthcare and meatpacking for failure to isolate infected employees, provide PPE, or implement screening protocols
6. Trenching and Excavation Hazards
When the hazard is known and no protective system is in place, but doesn’t meet the criteria of a specific subpart C violation
7. Animal Handling Risks
Particularly in zoos, animal sanctuaries, and farms
Includes unsafe proximity, lack of barriers, or inadequate training when handling large or dangerous animals
8. Ammonia or Chemical Exposure
In facilities without PSM coverage or where specific chemical standards don’t apply
Used when a release or dangerous condition is foreseeable and preventable
9. Forklift Operation Hazards
Especially for reckless driving, lack of training, or unsafe maintenance when it doesn’t neatly fit 29 CFR 1910.178 violations
10. Lack of Fall Protection in Non-standard Situations
Used when workers are at recognized fall risk but not covered by a prescriptive rule (e.g., unusual rooftop tasks, custom scaffolds)
Why It Matters
The General Duty Clause is often the only enforcement tool OSHA can use when:
There is no specific standard
The hazard is emerging, complex, or poorly regulated
The employer ignores industry’s best practices
That’s why the July 2025 proposal to limit its scope is causing concern, particularly in industries where many serious hazards fall outside current regulations.
If the rule’s logic were extended, employers might argue that these dangers are “inherent” to the trade and therefore not enforceable under the General Duty Clause. This precedent could weaken OSHA’s most versatile enforcement tool, especially in workplaces not covered by specific standards.
Undermine enforcement in rapidly evolving or underserved sectors
Open the door to risk normalization based on industry custom, not best practice
The line must be drawn carefully: high-risk activities designed to entertain or thrill—like motorsports or stunt shows—are not equivalent to high-hazard occupations that serve society’s core needs. While “inherent risk” may justify a narrower enforcement lens in the former, it must not become an excuse for inaction in the latter.
When danger is the job, safety must be the discipline—not the disclaimer.
If this rule is finalized, industry leaders in construction, agriculture, and manufacturing will need to stay vigilant to ensure its boundaries aren’t stretched beyond their original intent.
Need More Clarity and Support?
For additional clarity on OSHA’s General Duty Clause July 2025 proposal, how it could impact your business, or to evaluate and strengthen safety programs, contact Cardinal Compliance Consultants today.
from Cardinal Compliance Consultants https://cardinalhs.net/blog/oshas-general-duty-clause-july-2025-proposal/
via Cardinal Compliance Consultants
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