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.
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.