Deck 20: Occupational Safety and Health

Question 1

OSHA's occupational safety and health standards are enforced through:

A) compliance to the variances issued by the Secretary of Labor.
B) company records of employee health issues and deaths.
C) third party data providers on health standards.
D) physical inspections of workplaces.

Answer 1

D

Question 2

A technical violation, but so insignificant as to require no fine or remediation, is a(n) _____ violation.

A) constitutional
B) de minimis
C) de facto
D) cognizable

Answer 2

B

Question 3

In the first months of his presidency, President Barack Obama pledged to step up federal enforcement of:

A) workplace safety.
B) medical benefits.
C) social security benefits.
D) tax exemptions.

Answer 3

A

Question 4

When a de minimis citation and proposed penalty are contested, the employer has an absolute defense to the citation if it can prove that:

A) compliance to the standard is impossible.
B) employees are not required to handle the hazardous/faulty technology.
C) the employment contract had explicitly cited the hazards present.
D) medical benefits cover the risk posed.

Question 5

Which of the following is not an option for a compliance officer in the event of an employer refusing entry for inspection?

A) The compliance officer must terminate the inspection.
B) An indictment warrant issued by a U.S. district judge should be produced.
C) The inspection has to be confined to those areas where no objection has been raised.
D) An ex parte application for an inspection warrant may be obtained.

Question 6

In _____, the court held that the Occupational Safety and Health Administration was precluded from exerting its jurisdiction over offshore oil platforms because of the coverage by the Coast Guard and the Geological Survey.

A) Ben v. Sam.
B) Marshall v. Nichols
C) Marshall v. Barlow's Inc
D) Wood v. Department of Labor

Question 7

The National Institute of Occupational Safety and Health (NIOSH) is an agency created to cater to:

A) employers' needs.
B) dispute settlement.
C) research.
D) corporate investigations.

Question 8

The Occupational Safety and Health Review Commission is a(n) _____ created to adjudicate contested enforcement actions of OSHA.

A) quasi-judicial agency
B) administrative body
C) judicial body
D) temporary agency

Question 9

In Herbert v. Altimeter, Inc., the employee-plaintiff claimed she had been fired in retaliation for:

A) making safety complaints.
B) requesting a reasonable accommodation.
C) filing a workers' comp claim.
D) All of the above.

Question 10

In Marshall v. Barlow's Inc., the Supreme Court held that an employer subject to an OSHA inspection may insist upon a(n):

A) search warrant.
B) injunction.
C) court order.
D) indictment document.

Question 11

_____ is/are the second leading cause of fatal occupational injury in the United States.

A) Burnout
B) Contagion
C) Accidents
D) Homicide

Question 12

In addition to being granted the right to a workplace free from recognized hazards, employees under the Occupational Safety and Health Act are protected from:

A) retaliation.
B) territorial jurisdiction.
C) extradition.
D) government interference.

Question 13

Employees should attempt to have the employer correct the hazardous condition before exercising their:

A) right to strike.
B) bargaining power.
C) discretionary power.
D) right to refuse.

Question 14

The Occupational Safety and Health Act does not apply to the federal and state governments in their capacity as employers, nor does it apply to domestic servants or:

A) supervisors.
B) self-employed persons.
C) negotiators.
D) arbitrators.

Question 15

Which of the following is not true of the recordkeeping requirement under the Occupational Safety and Health Act?

A) Employers with eight or more employees are required under the act to keep records occupational injuries and illnesses.
B) The employer is required to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents.
C) Any employee who believes that a violation of a safety or health standard exists, may request an inspection.
D) Employers are required to provide the records of health and safety statistics to the union on a regularly basis, or on demand.

Question 16

In Chao v. Gunite Corp., citations were issued for violations of:

A) the Fair Labor Standards Act.
B) the Americans with Disabilities Act.
C) occupational safety and health regulations.
D) None of the above.

Question 17

According to the study released by professors at Tulane University and the University of California at Berkeley, which of the following is not true of illegal immigrants?

A) Under federal labor law, illegal immigrants are afforded the same health and safety protections as documented workers.
B) Regardless of their legal status, laborers can sue most employers for violation of the minimum wage law and overtime regulations.
C) The illegal immigrants often work in hazardous conditions without protective gear and earn far less than their legal counterparts.
D) The employer needs to maintain separate records on health and safety for illegal migrants working in hazardous occupations.

Question 18

The feasibility of a standard must be examined from two perspectives: _____ feasibility and _____ feasibility.

A) technological; economic
B) organizational; constitutional
C) individual; organizational
D) internal; environmental

Question 19

_____ variances are granted when the employer establishes by a preponderance of the evidence that its particular procedures provide as safe and healthful a workplace as the Occupational Safety and Health Act standards would provide.

A) Emergency
B) Temporary
C) Permanent
D) Interim

Question 20

The authority to promulgate occupational safety and health standards through the Occupational Safety and Health Administration (OSHA) is granted to the:

A) Department of Treasury.
B) Commissioner on Wages.
C) Department of Finance.
D) Secretary of Labor.

Question 21

The Hot Zone Thermometer Company manufactures outdoor thermometers in a small factory in the Bronx. The company employs illegal immigrant's to do the assembly work which involves injecting liquid mercury into the glass tubes, sealing the tubes, and affixing them to the wooden frames of the twelve inch device. The management knew the risks involved, but declined to provide protective equipment, such as rubber gloves and masks, or even proper safety training for the workers. In this case, despite their illegal status, the employees are protected under the:

A) federal labor laws.
B) local medical laws.
C) OSHA.
D) Immigration and Nationality Act.

Question 22

If the employer fails to correct a cited violation after it has become final, a fine may be imposed, of not more than:

A) $ 500 per day.
B) $ 1,000 per day.
C) $ 2,000 per day.
D) $ 2,500 per day.

Question 23

If OSHA or an employee objects to the requested extension or modification, a hearing is held before the:

A) Occupational Safety and Health Commission.
B) U. S. Court of Appeals.
C) U. S. Supreme Court.
D) Court of General Jurisdiction.

Question 24

What are the two main goals of the Occupational Safety and Health Act?

Question 25

Sheila, a physically-challenged employee at National Steel Manufacturing Company, informs her supervisor about the lack of ventilation in the assembly unit, but the supervisor takes no action on her suggestion. In this scenario, it may be concluded that National Steel Manufacturing Company has violated the:

A) Civil Rights Act.
B) Occupational Safety and Health Act.
C) Americans with Disability Act.
D) Equal Employment Opportunity Act.

Question 26

Ryan Sutherland is the CEO of Nuvage Mechanisms Inc. He feels that the new safety standard promulgated by the Secretary of Labor would adversely affect operational efficiency and financial outlay at his firm. In order to file a challenge against the validity of the new standard, he has to file them before the sixtieth day after the issuance of the standard with the appropriate:

A) District Court.
B) Court of General Jurisdiction.
C) Federal Court of Appeals.
D) U. S. Supreme Court.

Question 27

It was found that proper safety measures were not provided for the employees at Stumpp Inc. When an employee files a complaint against the company contending that company violated the Occupational Safety and Health Act, the power to adjudicate the complaint lies with the:

A) Occupational Safety and Health Administration.
B) National Institute of Occupational Safety and Health.
C) Occupational Safety and Health Review Commission.
D) Secretary of Labor.

Question 28

What is the National Institute of Occupational Safety and Health?

Question 29

How many agencies are created under the Occupational Safety and Health Act for administration and enforcing the Act?

Question 30

Which of the following is not true regarding OSHA's authority regarding feasibility of standards?

A) OSHA grants the Secretary authority to issue standards dealing with toxic materials or harmful physical agents.
B) OSHA cannot force an industry to develop and diffuse new technology to satisfy precise permissible exposure limits.
C) The standard also must satisfy the requirement of economic feasibility.
D) OSHA can present substantial evidence showing that companies acting vigorously and in good faith can develop the technology.

Question 31

The High-Flier Aircraft Company manufactures small aircrafts in a plant which features a fifty-foot high, arched roof. The company does not provide any safety norm to the employers, who are working on the roof. In an unfortunate incident, an employee fell of the high roof and lost his life. Upon investigation by the OSHA inspector, it was discovered that the employer had violated the standards under the act. This demands the employer to issue a(n):

A) bilateral agreement.
B) compliance agreement.
C) written citation.
D) appeal.

Question 32

Brandy, an employee of Railcar Manufacturing Inc.(RMI), filed a complaint against the company alleging that the company violated Occupational Safety and Health Act. Further to this, RMI proceeds with retaliatory actions against Brandy. In this case, Brandy is protected under ______ of OSHA.

A) Section 8(a)(5)
B) Section 11(c)(1)
C) Section 9(c)(1)
D) Section 7(a)(2)

Question 33

When a worker dies in the factory because the employer failed to provide necessary safety in workplace, the investigating officer appointed under Occupational Safety and Health Act is known as:

A) a federal investigator.
B) an OSHA representative.
C) a compliance official.
D) an inspector.

Question 34

What are three kinds of standards under Occupational Safety and Health Act?

Question 35

In line with Lessig's observation, the EEOC released certain guidelines concerning the creation of emergency plans that comply with the:

A) Tucker Act.
B) Occupational Hazard Act.
C) American with Disabilities Act.
D) Civil Right Act.

Question 36

In Tomick v. United Parcel Service, Inc., the plaintiff claimed he was fired based on:

A) religion.
B) race.
C) disability.
D) national origin.

Question 37

What are employers required to provide under the Occupational Safety and Health Act?

Question 38

Women employees at Columbia Iron & Steel, Inc. operate a foundry in which a major portion of the raw materials used in the process come from scrap metal, including galvanized zinc. Health experts agree that exposure to zinc in the early stages of pregnancy can result in severe birth defects. If an OSHA citation is forwarded, the women employees are protected under the provision of:

A) technological feasibility.
B) right to refuse work.
C) temporary variance.
D) unilateral contracts.

Question 39

The Secretary of Labor recently issued new guidelines standards dealing with toxic materials or harmful physical agents. Associated Cements Inc. finds itself unable to comply with a standard by its effective date because of the unavailability of professional or technological personnel. Accordingly, Associated Cements Inc. may seek exemption under:

A) temporary variance.
B) unilateral contract.
C) nonfeasance.
D) mitigation of standards.

Question 40

When it comes to worker violence or threats of violence, employers have adopted the policies of:

A) compensation.
B) zero-tolerance.
C) compromise.
D) feasibility.

Question 41

Name the two kinds of variances under OSHA.

Question 42

Under which law can illegal immigrant workers challenge the employer if the wage paid to them is lower than the minimum wage?

Question 43

Can an OSHA inspection officer enter into any premises?

Question 44

When can variance be sought? What are the kinds of variances?

Question 45

When should citation be an issue? Can the employer challenge a citation?

Question 46

Briefly explain the scope of the Occupational Safety and Health Act.

Question 47

Under which law or laws are illegal immigrant workers in the United States protected?

Question 48

Does federal labor law cover illegal immigrants?

Question 49

How is the Occupational Safety and Health Act administered and enforced?