LAW 4300 Quiz 5 (ALL TRUE or FALSE

A technical violation of OSHA, but so insignificant as to require no fine or remediation, is a de facto violation.

FALSE

Based on employees rights to refuse to work under OSHA: -Can be exercised anytime an employee is unhappy with the way management is running the plant.

FALSE

Based on employees rights to refuse to work under OSHA: -Can be exercised if a union official orders the employee to take this action to enforce a CBA.

FALSE

Benefits paid to employees out of work through no fault of their own and who are available for suitable work if and when it becomes available falls under the category of worker's compensation benefits.

FALSE

Employees covered by the Fair Labor Standards Act are entitled to overtime pay double the rate of their regular pay rate for hours worked in excess of forty hours per workweek.

FALSE

Employers and employees not covered by the Fair Labor Standards Act are generally subject to collective bargaining agreements.

FALSE

Temporary 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 provide.

FALSE

The Federal Employment Liability Act (FELA) was enacted in recognition of the incredible number of casualties in the mining industry.

FALSE

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 supervisors.

FALSE

The government regulation of the minimum wage is an attempt to reduce disparity and bring the earnings of workers closer to industry standards.

FALSE

Under the FLSA, employees may only pursue their rights though the National Labor Relations Board.

FALSE

Which of the following four statements are true or false regarding the goals of OSHA: -To provide assistance to organized workers in assuring employers meet federal standards.

FALSE

Which of the following four statements are true or false regarding the goals of OSHA: -To assure that federal standards exceed the standards previously set for safety and health by the States.

FALSE

Based on employees rights to refuse to work under OSHA: -Can be exercised when employees are exposed to a dangerous condition posing the risk of serious injury or death

TRUE

Based on employees rights to refuse to work under OSHA: -There is insufficient time, due to the nature of the hazard, to resort to the regulatory statutory procedures for enforcement under OSHA.

TRUE

Based on employees rights to refuse to work under OSHA: -This protects employees from discrimination because they refuse to work in the face of a dangerous condition.

TRUE

If a worker is one who receives tips from customers, the employer is allowed to reduce the minimum wage paid to that worker by up to 40 percent, with the difference to be made up by tips received.

TRUE

If an employer or a class of employers believes that the Occupational Safety and Health Act standard is inappropriate to its particular situation, an exemption, or variance, may be sought under the act.

TRUE

Persons not normally considered fiduciaries, such as consultants or advisers, may be found to be fiduciaries when their expertise is used in a managerial, administrative, or advisory capacity for a retirement plan.

TRUE

The Occupational Safety and Health Act requires employers to furnish their employees a workplace that is free from recognized hazards that cause, or are likely to cause, serious injury or death.

TRUE

Under the FLSA, minors aged sixteen to eighteen may work in certain nonhazardous occupations, and minors aged fourteen to sixteen may be employed in non-manufacturing or non-mining occupations for limited hours outside school hours.

TRUE

Under the social security system, a worker is considered disabled when a severe physical or mental impairment prevents that person from working for a year or more or is expected to result in the victim's death.

TRUE

Which of the following four statements are true or false regarding the goals of OSHA: -To assure safe and healthful working conditions for working men and women.

TRUE

Which of the following four statements are true or false regarding the goals of OSHA: -To provide a framework for research, education, training, and information in the field of occupational safety and health.

TRUE

Workers' compensation has been left primarily to the states to administer.

TRUE