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General duty

An overarching statutory obligation on employers and others to protect the health, safety and welfare of workers and others. Each framework has its own general duty clause; they are related but not identical.

The same term carries different legal meaning across frameworks. Read each jurisdiction entry carefully.

Also known as

GDCGeneral Duty Clause

By jurisdiction

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UK HSE

“general duty”Exact equivalent

Sections 2 to 7 of HSWA 1974 impose general duties on employers, the self-employed, persons in control of premises, designers, manufacturers, suppliers, and employees. The core employer duty is to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees.

StatutoryHealth and Safety at Work etc. Act 1974, sections 2-7Source
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Irish HSA

“general duty”Close equivalent

Section 8 of the Safety, Health and Welfare at Work Act 2005 imposes a general duty on every employer to ensure, so far as is reasonably practicable, the safety, health and welfare at work of employees.

Jurisdiction note: The Irish duty mirrors HSWA structure but derives from a different Act with different case law.
StatutorySafety, Health and Welfare at Work Act 2005, sections 8 and 12Source
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US OSHA

“general duty clause”GDCClose equivalent

Section 5(a)(1) of the OSH Act 1970 requires each employer to furnish a place of employment free from recognised hazards causing or likely to cause death or serious physical harm. This General Duty Clause is used where no specific OSHA standard applies.

Jurisdiction note: The General Duty Clause operates differently from HSWA sections 2-7. No reasonably practicable weighing applies.
StatutoryOccupational Safety and Health Act 1970, section 5(a)(1)Source

Practitioner note: In OSHA context this is the General Duty Clause (s5(a)(1)), used where no specific standard covers the hazard. In GB/IE the general duty is in HSWA s2-3 and SHWWA s8. Same concept, different legal instrument and scope.

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