Last month, the International Safety Equipment Association (ISEA) submitted formal comments to the Occupational Safety and Health Administration (OSHA) on a proposed rule that could reshape how workplace safety rules apply to “inherently risky” jobs.
OSHA’s proposal, Interpretation of the General Duty Clause: Limitation for Inherently Risky Professional Activities, is meant to clarify when employers must protect workers whose jobs involve unavoidable hazards—like stunt performers or athletes.
While the goal makes sense, ISEA raised serious concerns that the rule, as written, could unintentionally weaken safety protections across many industries.
Why It Matters
Under the Occupational Safety and Health Act, employers must provide a workplace “free from recognized hazards” that could cause serious harm. This section of the law is commonly known as OSHA’s “General Duty Clause”.
But OSHA’s proposed interpretation of the “General Duty Clause” raises serious concerns. Specifically, ISEA warned that the rule’s proposed exemptions for performance-based jobs could open the door for misuse, allowing companies in construction, manufacturing, or other high-risk sectors to claim that their work is simply “inherently risky”, as well. Many employee groups have raised similiar concerns and have urged either revisions to or a complete reconsideration of the proposed rule to ensure workers retain critical protections.
What ISEA Recommended
In its comments, ISEA urged OSHA to:
- Delete the word “professional” from the rule to avoid confusion.
- Clearly define key terms like “inherently risky” and “performance-based”.
- Clearly limit exemptions strictly to performance or entertainment activities, ensuring support staff like stage crews still receive full safety protections.
- Hold a public hearing to hear directly from safety experts and industry representatives.
Our Thanks to ISEA Members
ISEA’s comments reflect not just the perspective of our staff, but the expertise and engagement of our member companies and technical experts who reviewed the proposal, shared feedback, and helped refine our recommendations.
Your input ensures that ISEA continues to represent the PPE and safety equipment industry with clarity, credibility, and a strong focus on worker protection. Thank you for lending your time, insights, and commitment to safety.
Next Steps
OSHA will now review public comments and assess whether to revise, rescind, or move forward with their proposal as is . ISEA has also formally requested a public hearing to ensure to give ourselves the option to comment further..
We’ll keep members informed as this rulemaking progresses—and continue to advocate for clear, consistent safety standards that protect every worker.
Read ISEA’s full comments (PDF).
