What section of the OSH Act contains the requirements for promulgating standards to deal with toxic materials or harmful physical agents????Answer
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. §§ 6 (b) (5)
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. § 8 (e) and 4 (b), (c) and (e)
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. § 1910.1005
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. § 1910.1200
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4 points
Question 2
. ? The D.C. Court of Appeals formulated a test for determining whether the general duty clause of the OSH Act has been violated in which case????Answer
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. Donovan v. Missouri Farmers Assn.
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. National Realty and Construction Co. v. Occupational Safety and Health Review Commission.
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. Caterpillar Inc. v. Occupational Safety and Health Review Commission
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. Phoenix Roofing, Inc v. OSHA
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4 points
Question 3
. ? The preemption principle applies to _______.???Answer
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. general standards only
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. Part 1910 over Part 1920
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. even to standards within an industry-specific part
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. EPA Hazardous Waste Regulations
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4 points
Question 4
. ? Which of the following is false regarding the new 2002 Recordkeeping regulations????Answer
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. The term "lost workdays" is eliminated.
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. Employers must review the 300 log information before it is summarized on the 300A form.
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. The annual summary must be posted for one month instead of three.
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. Employers are no longer required to count days away or day of restriction beyond 180 days.
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4 points
Question 5
. ? Who bears the burden of proof on a "de minimis" issue (violation)????Answer
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. the commission
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. the employee
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. the employer
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. the contractor
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4 points
Question 6
. ? Which of the following is not a true statement????Answer
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. OSHA has consistently followed the policy of recognizing non-obvious hazards as being within the scope of the general duty requirement in its enforcement activity.
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. OSHA need not show that prior accidents have occurred to prove that an employer had actual knowledge of a hazardous condition.
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. If a reasonable person having knowledge of the alleged conditions would have recognized that a hazard existed, the courts and the Commission have inferred recognition (i.e. Donovan v. Missouri Farmers Association).
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. To establish the existence of a recognized hazard, the allegedly non-complying condition or practice need not be shown to be one over which the cited employee can reasonably be expected to exercise control.
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4 points
Question 7
. ? Which of the following Safety Standards does not match up with its Recordkeeping requirement????Answer
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. Lockout/Tagout, 1910.147; Manlifts, 1910.95; Electrical Work, 1910.333
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. Respirators, 1910.134; Overhead Cranes, 1910.179
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. Shipyards, 1915.7 (a)(2); Derricks, 1910.181
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. Excavations, 1926.652; Brazing, 1910.255
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4 points
Question 8
. ? Even if industry or specific employer recognition cannot be established, recognition can nonetheless be demonstrated if the hazard is deemed to be ______.???Answer
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. sensible
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. reasonable
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. obvious
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. non-existent
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4 points
Question 9
. ? 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????Answer
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. cold or flu
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. personal tasks outside working hours
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. motor vehicle accident in parking lot/access road during commute
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. lifting/straining low back injury from handling floor to head height shelving
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4 points
Question 10
. ? The General Duty Clause applies to __________ covered under the OSH Act.???Answer
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. all employers, most industries
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. most industries, most employers
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. all industries, all employers
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. any employer and industry with over 50 employees
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4 points
Question 11
. ? Define and discuss the defenses that an employer may raise to a citation. Give some examples of case law in your response. Your response should contain approximately 200-300 words and a reference citation for your source material.????Answer
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30 points
Question 12
. ? 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 and a reference citation for your source material.????Answer
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