The Occupational Safety and Health Administration (OSHA) has proposed a significant change to how it interprets and enforces the Occupational Safety and Health Act’s General Duty Clause. The proposal would limit OSHA’s ability to cite employers for hazards that are considered inherent and inseparable from certain professional activities, particularly in industries such as professional sports, entertainment, and other performance-based occupations.
Covered sectors and industries include: Live Entertainment: Performing arts and stage shows where risk is part of the production; Animal Handling: Performance and care settings for animals; Professional and Extreme Sports: High-impact athletic competitions and extreme athletics; Motorsports and High-Risk Recreation: Racing and high-hazard recreational instruction; Tactical and Combat Simulation: Defense, tactical, and combat training operations; Hazard-Based Media: Field journalism and reporting in dangerous zones.
The General Duty Clause, found in Section 5(a)(1) of the OSH Act, requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. Historically, OSHA has relied on this provision when no specific safety standard applies to a workplace hazard.
Under the proposed rule, OSHA would not pursue enforcement actions when a hazard is intrinsic to the core nature of a professional activity and eliminating that hazard would fundamentally change the activity itself. For example, risks associated with professional athletic competition or certain live entertainment performances may fall outside the scope of General Duty Clause enforcement if those risks are deemed unavoidable elements of the activity.
Supporters argue that the proposal provides much-needed regulatory clarity and recognizes practical limits on OSHA’s authority. They contend that employers should not be held liable for risks that are inseparable from the work being performed.
Critics, however, warn that the proposal could weaken worker protections by reducing employers’ obligations to address serious hazards in high-risk occupations. Several stakeholders have argued that OSHA has long balanced enforcement with feasibility considerations and that narrowing the General Duty Clause could leave some workers with fewer safeguards.
If finalized, the rule could reshape OSHA enforcement in industries where risk is an inherent part of the job. Employers should closely monitor the rulemaking process and evaluate how the proposed changes may affect their safety programs, compliance obligations, and overall risk management strategies.
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