An employer is deemed to have constructive knowledge,as opposed to actual knowledge,of a recognized hazard if the:

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A recognized hazard at a workplace may take the form of actual knowledge when the employer actually knows of the hazard or the form of constructive knowledge if the industry recognizes the hazard even if the employer does not actually know of the hazard. It is the employer's responsibility to be aware of these workplace hazards and to ensure that all employees are equally protected.

An Employer Is Deemed to Have Constructive Knowledge,as Opposed to Actual