Test 1
Question 1
1.
Temporary and Permanent variances of the OSH Act can be issued under what section?
Section D (b), D (A), and 6 (d)
Section 6 (C), and 6 (f)
Section 7 (a), (d), and (f)
Section 6 (b), 6 (A), and 6 (d)
4 points
Question 2
1.
A temporary variance from the OSHA standard may be obtained when the employer can show that all of the following exist except which one?
When the employer has developed a plan to come into compliance and will implement it as soon as possible.
When the employer is taking steps to safeguard employees.
When the employer is unable to comply with the deadlines of a standard.
When the employer is able to show that the cost-benefit analysis is not in alignment with the jurisdictional impact of the regulation.
4 points
Question 3
1.
What was enacted to minimize the regulatory burden on small businesses by requiring agencies to consider the impact of any rulemaking on small entities that, based on their size, may not have the ability to absorb the costs of regulations in the same manner as larger companies that benefit from the economy of scale?
The Small Business Enforcement Fairness Act
The Small Business Administration Act
The Regulatory Flexibility Act
Executive Order 12866
4 points
Question 4
1.
All of the following are exempt under the Act except which group?
Domestic household employment activities for private residences
Family members operating a farm
Self-employed persons
Religious groups employing workers for secular purposes
4 points
Question 5
1.
Which of the following is a correct match between subpart and regulated material?
Subpart T PPE
Subpart O Welding
Subpart G Means of Egress
Subpart K Medical and First Aid
4 points
Question 6
1.
Which of the following is a false statement regarding Standard Setting?
Consensus standards often involve “incorporation by reference.”
Emergency temporary standards are usually initiated by a new scientific study showing danger to workers posed by certain substances.
Hundreds of NIOSH documents, labor union petitions, and other serious recommendations have resulted in only a few new health standards since 1970.
Most of the standards that were originally established were not on the basis of firm scientific evidence but from existing guidelines and limits of various industry, association and governmental groups.
4 points
Question 7
1.
All of the following are distinct differences between OSHA and EPA except:
EPA is an independent regulatory agency, while OSHA is a division of the Department of Labor.
OSHA is essentially an enforcement organization.
OSHA does not come under the inspection of OMB, whereas EPA does.
OSHA has major responsibility over safety and health in the workplace.
4 points
Question 8
1.
In which case did the Supreme Court rule that workers have the right to refuse to work in the face of serious injury or death?
Mabury v. Madison
Whirlpool Corp. v. Marshall
Florida Peach Growers Assn. v. Dept. of Labor
Marshall v. Barlow’s Inc.
4 points
Question 9
1.
Which of the following is not true regarding the Hazard Communication Standard?
The HazCom Standard is a performance-orientated standard.
It requires employees be provided with information concerning hazardous chemicals through labels, MSDSs, training, and education.
It lists specific procedures to follow to determine a hazard.
Special provisions apply to the listing of mixtures that constitute health hazards.
4 points
Question 10
1.
The OSHA Hazcom program provides for which of the following?
A list of hazardous wastes on premises
MSDSs on hazardous wastes on premises
Labeling of hazardous wastes on premises
Warning signs and posters
Question 11
Describe State Plans and discuss what must be demonstrated by the states, including the process, to be an approved OSHA State Plan.
Please provide approximately 200-300 words and a reference citation for your source material in your response
Question 12
OSHA has a Strategic Management Plan for 2003-2008. Briefly summarize that plan and comment on its new goals and the criteria used for target industries. Have any of the new goals from this plan had, or will they have, an effect on your workplace? Explain and give an example. (www.osha.gov)
Please provide approximately 200-300 words and a reference citation for your source material in your response
TEST 2
Question 1
The preemption principle applies to _______.
– general standards only
– Part 1910 over Part 1920
– even to standards within an industry-specific part
– EPA Hazardous Waste Regulations
Question 2
All of the following are industry specific “parts” in Title 29 CFR except which one?
– Part 1928 – Agriculture
– Part 1918 – Longshoring and Part 1917 – Marine Terminals
– Part 1931 – Shipyards
– Part 1926 – Construction
Question 3
All of the following exceptions to presumption of a work relationship exist under the new 2002 regulations, causing a significant aggravation of a pre-existing condition workplace event or exposure, thereby making the case work-related except which one?
– cold or flu
– personal tasks outside working hours
– motor vehicle accident in parking lot/access road during commute
– lifting/straining low back injury from handling floor to head height shelving
Question 4
Regarding the replacement of the General Duty Clause with OSHA Standards, all of the following, except which one, are examples of the Field Operations Manual instructions to OSHA inspectors? “The General Duty Clause:
shall not be used when a standard applies to a hazard.”
shall not be used to enforce “should” (voluntary consensus) standards.”
shall not normally be used to cover categories of hazards exempted by a standard.”
shall not be used to impose a more lenient requirement than that required by the standard.”
Question 5
That area surrounding the violative condition that presents the danger to employees, which the standard is intended to prevent, is known as the _______.
Hot Zone
Red Zone
HazCom Zone
Zone of Danger
Question 6
Which of the following Safety Standards does not match up with its Recordkeeping requirement?
Lockout/Tagout, 1910.147; Manlifts, 1910.95; Electrical Work, 1910.333
Respirators, 1910.134; Overhead Cranes, 1910.179
Shipyards, 1915.7 (a)(2); Derricks, 1910.181
Excavations, 1926.652; Brazing, 1910.255
Question 7
Which of the following is not a part of the new 2002 Recordkeeping regulations regarding employee involvement?
Employees are allowed to access the 301 forms to review records of their own injuries and illnesses.
Employers are not allowed to withhold descriptive information about sensitive injuries in cases where not doing so would disclose the employee’s identity.
Employers are required to remove employees’ names before providing injury and illness data to persons who do not have access rights under the rule.
Employers are required to establish a procedure for employees to report injuries and illnesses and to tell the employees how to report.
Question 8
The General Duty Clause allows inspectors to cite employers for exposing employees to a recognized hazard that:
has not been specifically addressed in the regulations.
has been specifically addressed in the following guidelines and regulations: NIOSH, NEPA, EPA Hazardous Waste Regulations.
exceeds the bounds of reasonable cost-benefit analysis.
falls under Section 8 of the OSH Act.
Question 9
How did the rules of liability change regarding “to whose employee does the duty run”?
The Second Circuit established a new series of affirmative defenses and an expanded liability rule in 1975.
An older, narrower liability rule was affirmed by the Second Circuit in 1975.
The multi-employer worksite liability rules were abolished.
General construction contractors were excluded from the question.
Question 10
Which of the following is false concerning the employer’s substantive affirmative defenses?
A citation may be vacated if the employer proves that an alternative method of protection was used.
In considering the infeasibility defense, courts have concluded that it encompasses both technological and economic factors.
The commission has held that employers need not strictly comply with a standard, to the extent that compliance would create greater hazards than non-compliance would.
The commission requires the employer show two elements of proof that he required his employees to take protective measures to comply with the standard.
Question 11
Define and discuss the defenses that an employer may raise to a citation. Give some examples of case law in your response.
Question 12
Your response should contain approximately 200-300 words.Explain and discuss how the 2002 recordkeeping rules affect issues dealing with specific disorders and other issues (i.e. privacy, access, fatalities, etc.).
Provide approximately 200-300 words.
Test 3
Question 1
Employers may challenge any adverse citation, civil penalty, or abatement order by filing a ________ with the Commission within ____business days of the receipt of the violation.
Challenge request (CR); 30
Adjudication Hearing (AH); 30
Notice of Contest (NOC); 15
Notice of Challenge (NOC); 30
Question 2
In the absence of a contract of employment for a fixed term, an employee is free to leave his employment at any time, and the employer is free to discharge an employee at any time for any reason, good or bad, or indeed for no reason at all. This doctrine is known as what?
Free employment
Open market
Employment at will
Non-binding employment
Question 3
Which one of the following is true?
Any employee can bring a suit to force their employer to correct a safety or health hazard under the OSH Act.
Complaints to OSHA are protected from employer retaliation by the free speech clause of the First Amendment.
NLRA protections for refusal to work under imminent hazards are available to all union members.
Once adverse job action resulting from employee protected activity has been proven in an 11(c) discrimination case, the burden of proof shifts to the employer.
Question 4
Which of the following is false regarding inspections and warrants?
Marshall v. Barlow’s Inc. interpreted Section 8 (a) as requiring either a warrant or the employer’s consent to the inspection.
The employer may insist on a warrant at any time-even after he or she has consented initially to a search.
Warrants can be broad or narrow in scope, and the employer may insist that the inspection of its premises be limited to those areas or workplaces specified in the warrant.
Under a wide-ranging, broad set of circumstances, OSHA has the authority to enter and inspect a worksite without obtaining a warrant or the employer’s express consent.
Question 5
Under certain circumstances, employers can request OSHA protect proprietary and sensitive business information that they submit to the agency. What case found that an employer could demand that OSHA obtain a subpoena or warrant before providing access to records?
Associated Indus. Of New York State, Inc. v. U.S. Dept. of Labor
McLaughlin v. Kings Island
Marshall v. Barlow’s Inc.
Lake Butler Apparel Co. v. Secretary of Labor
Question 6
Which of the following is not true regarding The HAZCOM Standard?
The standard can best be described in one word: action.
The standard regulates employers whose employees come into contact with hazardous chemicals at the workplace.
The standard is codified at 29 CFR Part 1910.
The standard does provide protection for some trade secrets.
Question 7
Section 7 of the NLRA is most often applied to protect union organizational efforts; it also prohibits an employer from what action, and was tested under what “seminal” case?
Shifting burden of authority to contractors, under Donovan v. Freeway Construction Co.
Disciplining employees for whistleblowing, under Secretary of Labor v. HMS Direct Mail
Disciplining employees for engaging in concerted activity to protest unsafe working conditions, under NLRB v. Washington Aluminum
Preventing union meetings from occurring on company property, under UAW v. Ford Motor Co.
Question 8
Under the GHS, labels must contain more detailed information than is presently required under the HCS. Which of the following forms of information are not required under the GHS?
Supplier identification
Precautionary statements and pictograms
Signal words and product identifiers
Packaging guidelines and cost benefit analysis of hazard potential
Question 9
What two sections in the NLRA protect employees who refuse to perform unsafe work?
Section 29 CFR 1200.010 and Section 9 of the Act
29 CFR 1977.12 and Section 11 © of the Act.
Section 205 of the LMRA and Section 9 of the Act.
Section 502 of the LMRA and Section 7 of the Act.
Question 10
In addition to statutory protections, many state courts recognize what type of action for wrongful discharge based on a “public policy” exception to the doctrine of employment at will?
Tort
Writs of Mandamus
Consent Decrees
Interim Orders
Question 11
Summarize the federal statutes that protect an employee, under certain circumstances, from being discharged or disciplined for refusing to perform an assigned task.
Provide approximately 200-300 words.
Question 12
Describe and discuss the employee rights under the OSH Act and its implementing regulations.
Provide approximately 200-300 words.
Test 4
Question 1
The “opening conference” is characterized by all of the following except which one?
The compliance officer will state what specifically he would like to do during the physical inspection.
The compliance officer will identify the physical locations he would like to inspect.
The compliance officer will state the reason for the inspection.
The compliance officer will request no union representative or complainant employee accompany the inspection.
Question 2
All of the following factors are used to determine if the common law audit attorney/client privilege exists except which one?
Whether there is a low public interest in encouraging audits of this type to be considered.
Whether there is a strong likelihood that not applying the privilege in this context will discourage companies from conducting these types of audits.
Whether the information at issue was generated in the course of a self-audit conducted by the company.
Whether the company intentionally preserved the confidentiality of the information.
Question 3
OSHA inspectors are called ________.
inspection officers
compliance officers
detail officer
supervisory enforcement officers
Question 4
Which of the following statements is false?
The evidence collected by compliance officers during walk arounds will be used by OSHA to prove alleged citations.
A pre-citation settlement can be a favorable way to resolve an enforcement action.
It is a good idea to keep a duplicate copy of all documents produced to OSHA to help for negotiations or hearings.
A good resource to help understand OSHA inspections is OSHA’s Compliance Understanding Catalogue.
Question 5
Which of the following is not true regarding the attorney/client privilege?
Counsel must be actively involved in the audit process for the audit information to be protected by the attorney/client privilege.
The attorney/client privilege cannot be overcome by a claim that the party seeking the information has a compelling need for the information.
The attorney/client privilege applies to the lawyer’s giving business advice, as well as legal advice to a company.
Unlike the audit privilege, the attorney/client privilege is absolute.
Question 6
What gives a company the ability to literally inspect itself and thereby find and resolve problems before they become legal liabilities?
Cost benefit analysis
Consultants
Auditing
Because it was the right thing to do
Question 7
What term is applied to a privilege created by the courts, as opposed to that created by a legislature?
Congressional
Presidential
Judicial
Common Law
Question 8
What does OSHA need before it enters any private premises for inspection purposes?
evidence of a violation
eye witness account of a violation
written account of a violation
a legal warrant or consent from the employer
Question 9
OSHA’s self-audit policy:
extends to information gathered as analyses, conclusions, and recommendations resulting from the audit.
was published in the Federal Register in January 2000.
is legally binding.
states that it will issue a citation for a violative condition discovered as a result of the self-audit.
Question 10
All of the following are ways for the employer to attempt to challenge a warrant in federal court (after a compliance officer arrives at the workplace already armed with the warrant) except which one?
Refuse entry to the compliance officer and wait to defend the Secretary of Labor’s motion for contempt.
Permit the inspection to proceed under protest and later move to suppress the evidence gathered during the inspection.
Refuse entry to the compliance officer and go to the federal court to preemptively challenge OSHA’s right to a warrant.
Refuse entry to the compliance officer and move to quash the warrant.
est 4
Question 11
What are the key points that should be covered during an opening conference, both from the OSHA Inspector and from you, the safety/health/environmental manager?
Please provide approximately 200-300 words.
Question 12
Briefly outline the purpose, scope, provisions and limitations of OSHA’s Voluntary Self-Audit Policy. What are the risks to your company of this approach to achieving a safe work environment?
Please provide approximately 200-300 words.
Test 5
Question 1
If a settlement agreement cannot be reached with the OSHA Area Director, a Notice of Contest of the citation or penalty must be filed with the Secretary of Labor within what period of time to preserve any right to challenge the citation?
10 working days
15 working days
30 working days
60 working days
Question 2
What section of the OSH Act provides that any party adversely affected by an OSHA standard may seek pre-enforcement judicial review by filing a petition prior to 60 days after promulgation of the final rule?
Section 6 (f)
Section 8 (e)
Section 8 (c)
Section 7 (f)
Question 3
If the violation is determined by OSHA to be willful, the penalty range will be from _____ to ______.
$5,000; $70,000
$7,000; $70,000
$10,000; $100,000
$10,000; $50,000
Question 4
In the OSHA area, the applicability of criminal charges is restricted to narrow circumstances. Which of the following is not one of those circumstances?
If an individual gives advanced notice of an inspection
If an employer’s willful violation of an OSHA standard results in the death of an employee
If an individual or employer knowingly makes any false statement, representation, or certification under the OSH Act
If an OSHA designated employee or contractor does not show proper identification upon entering a private company’s premises
Question 5
Under the APA, courts will not set aside an agency decision unless it is all of the following except which one?
unsupported by substantial evidence
in alignment with constitutional immunity
without observation of procedure required by law
arbitrary, capricious or otherwise not in accordance with law
Question 6
What is it known as when OSHA issues a separate citation for each instance of a violation?
Repeat violations
Egregious penalty policy
Willful and serious violations
De Maximus violations
Question 7
If a citation is determined by OSHA to be for a serious violation, penalties can be assessed for up to what amount singly or for each violation?
$5,000
$7,000
$10,000
$25,000
Question 8
Which of the following is not a standard citation for an OSHA violation?
Criminal violation
Other than serious violations
Serious violations
Willful violations
Question 9
In what case did the court overturn a Commission decision on grounds that the decision was speculative and not supported by substantial evidence in the record?
CH2M Hill v. OSHRC
Penn-Dixie v. OSHRC
Oil, Chem. & Atomic Workers v. OSHRC
Austin Road v. OSHRC
Question 10
All of the following are characteristics of the OSHA citation except which one?
It must be in writing.
It must describe in detail the nature of the violation alleged.
It will also state the abatement period.
It can be issued anytime up until 1 year from the alleged violation.
Question 11
What are the important findings in Austin Road Co. v. OSHRC and Builders Steel Co. v. Marshall?
Provide approximately 200-300 words
Question 12
Discuss and assess the potential for multiplied penalties for egregious violations.
Provide approximately 200-300 words.
Test 6
Question 1
Which of the following is not true regarding the OSHA Investigation Procedure?
An employee representative is entitled to participate in the inspection of the employer’s premises.
Prior to walking the premises, the CSHO will convene an opening conference.
The CSHO can post and secure a temporary restraining order for a place of business that forces the employer to immediately abate an imminent danger.
Agency regulations permit the CSHO to consider expanding the scope of investigation based on the information available during the inspection process.
Question 2
Which of the following is not true regarding state plans?
Of the 26 current state plans, 22 cover both private and public employers.
A state may voluntarily withdraw its state plan.
A state with an approved plan may legislate freely on the subject of occupational safety and health so long as state standards applicable to products do not unduly burden interstate commerce.
A non-plan state may not exercise authority over any hazard for which there is no corresponding federal standard in effect.
Question 3
What, by definition, can exist where there is a reasonable certainty that a workplace hazard, practice, or danger exists that can be expected to cause death or serious physical harm immediately?
serious violation
willful and serious violations
willful and de maximus violations
imminent danger
Question 4
Which section has been cited by the courts as preventing preemption of Section 18 of state criminal laws?
There is no section. Preemption cannot be prevented.
Section 2(a)(5)
Section 4(b)(4)
Section 18(b)(6)
Question 5
Which of the following is a false statement?
Section 18 of the OSH Act allows states to develop and operate their own enforcement plans.
For at least one year following certification, OSHA monitors the state’s plan to determine whether it is “at least as effective as” the federal program.
The OSHA inspector has significantly more authority than the MSHA inspector to take immediate action without first seeking court approval when threatened with an imminent danger situation.
Imminent danger postings may be triggered by concern over ongoing injuries at facilities.
Question 6
In the event that OSHA does not act in the face of an alleged imminent danger situation, labor unions and employees can take what action?
File a lawsuit
Seek a writ of mandamus
Walk off the job site with full pay and benefits for 30 days
They have no further action available to them
Question 7
Congress included provisions in the OSH Act permitting states to do all of the following except which one?
To operate an OSH program “at least as effective as” comparable federal standards.
To assume responsibility during their developmental phase for having in place all the structural elements necessary for an occupational safety and health program within three years (i.e. legislation, enforcement, qualified enforcement personnel).
To exercise jurisdiction over any occupational safety and health issue where no federal standard exists.
After three years of certification, the state can seek OSHA’s final approval.
Question 8
Under what section of the Mine Act can a mine inspector shut down an entire mining operation if he identifies a hazardous condition that constitutes an imminent danger in a mine?
Section 107 (a)
30 USC § 813
Section 105 (c)
Section 110 (c) and (d)
Question 9
Which federal agencies have the authority to conduct workplace inspections and issue citations when imminent dangers are identified?
OSHA and EPA (hazardous materials operations only)
EPA (hazardous materials operations only), MSHA, and OSHA
OSHA only
MSHA and OSHA
Question 10
What case generally found that an employer is not required to pay for the time an employee refuses to work if they believe in good faith that they are exposed to an imminent danger?
Secretary of Labor v. Manganas
Whirlpool v. Marshall
Reich v. Dayton Tire
Secretary of Labor v. Catapano
Question 11
Define “imminent dangers” and discuss OSHA inspections related to these potential events and how they might differ from a routine inspection.
Please provide approximately 200-300 words.
Question 12
List and discuss five important criteria that a state must meet in order to be approved by OSHA for safety- and health-related responsibility.
Please provide approximately 200-300 words
Test 7
