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 nformation.
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.
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?
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?