If an employer knows that a specific standard will not protect ...

[HudsonKB16]

If an employer knows that a specific standard will not protect its workers against a particular hazard but can prove that it is in full compliance with the specific standard, can the employer be held to be in violation of the general duty clause?

Question 2

Which of these does the NLRA not protect?
 a. Right to form a union.
  b. Right to picket.
  c. Right to strike.
  d. Right to block nonunion workers from company property.
  e. Right to bargain collectively.

[ynlevi]

Answer to Question 1

Yes. The employer may still be held to be in violation of Section 5(a)(1) of the OSHAthe general duty clause. The Court stated, If an employer knows that a specific standard will not protect his workers against a particular hazard, his duty under Section 5(a)(1) will not be discharged no matter how faithfully he observes that standard..

Answer to Question 2

.D

[HudsonKB16]

Thank you

[ynlevi]

Happy to help you