Three Basic Types Of OSHA Recognized Hazards
Occasionally, students ask what is considered a “recognized” hazard in the workplace. As described in OSHA’s Field Compliance Manual, recognition of a hazard is established on the basis of industry recognition, employer recognition, or “common sense” recognition criteria.
- Industry Recognition: A hazard is recognized if the employer’s industry recognizes it. Recognition by an industry, other than the industry to which the employer belongs, is generally insufficient to prove industry recognition.
- Employer Recognition: A recognized hazard can be established by evidence of actual employer knowledge. Evidence of such recognition may consist of written or oral statements made by the employer or other management or supervisory personnel during or before the OSHA inspection, or instances where employees have clearly called the hazard to the employer’s attention.
- Common Sense Recognition: If industry or employer recognition of the hazard cannot be established, recognition can still be established if it is concluded that any reasonable person would have recognized the hazard. This argument is used by OSHA only in flagrant cases. Note: Throughout our courses we argue that “common sense” is a dangerous concept in safety. Employers should not assume that accidents in the workplace are the result of a lack of common sense.
Another important question to ask about the nature of a hazard relates to whether it was “foreseeable.” The question of foreseeability should be addressed by safety managers during the root cause analysis phase of an accident investigation. A hazard for which OSHA issues a citation must be reasonably foreseeable.