Legal Exam 1

18. What is the timeframe that is reviewed to determine if a violation will be classified as a repeat violation?

Five years

23. True or False? Loss of consciousness cases are recordable.

23. True

The Plain View Exception:

A search warrant is not required for equipment, apparatus, or worksites that I are in plain view of the compliance officer or open to public view.

9. List and explain 3 ways that new standards can be promulgated under the OSH Act.

(2) Informal Rulemaking: (THE METHOD UTILIZED MOST!!) -Interested parties (1e., those who want a new standard implemented) are notified (via subscription in the Federal Register) of proposed regulation and standard, and parties are allowed an opportunity to comment in a nonadversarial, administrative hearing

6. How many states currently have State plans?

28

16. List 3 basic elements of proof OSHA must show to issue a willful violation.

A. Knew or should have known the violation existed. B. Voluntarily chose not to comply with the OSH Act, and remove the violation. C. Made the choice not to comply with intentional disregard of the OSH Act's requirements, or plain indifference to the requirements (properly characterized legally as being "reckless").

Temporary Variance

Allows employers a short term exemption from a standard when they cannot comply with OSHA requirements by the prescribed date because the necessary construction or alteration of the facility cannot be completed in time or when technical personnel materials or equipment are temporarily unavailable

7. List 2 questions that safety professionals should ask regarding the organizations that employ them.

Am I covered under the OSH act? If I am, what regulations must I follow to ensure compliance?

4. How is the route and duration of the OSHA inspection determined?

By the compliance officer

14. List 5 examples of serious illnesses (as defined by OSHA).

Cancer Silicosis Asbestosis Poisoning Hearing and visual impairments

19. List 7 General Recording Criteria.

Death, days away from work, resteicted work or transfer to another job, medical treatment beyond first aid, or loss of conclsciousness

33. What is the best method of eliminating potential liability?

Documentation

32. In what time frame must employers provide records to an OSHA or NIOSH official?

Employers must provide the records within 4 business hours of a request by an OSHA or NIOSH official. If an inspection is in Texas and the records are in New York, use the business hours of New York.

Experimental Variance

Employers use experimental variances to demonstrate or validate new or improved safety and health techniques

16. According to our presentation, what Subpart of the Recordkeeping Standard is the "most important section of that rule?" Why?

For the injury and illness statistics, Subpart C is the most important section of the rule, because it defines which cases should be recorded on the OSHA 300 Log and which should not be recorded. The sections of the rule follow the process for deciding if a case is recordable: determining work-relatedness, if it is a new case, if it meets the general recording criteria, and whether it has special criteria for a specific injury/illness type.

List 3 basic categories which probable cause is based upon.

General information about the employer's industry (for example, injury and illness rates). (2) General information about the individual employer (injury/illness rates, worker complaints, etc.). (3) Specific information about the employer's workplace (specific hazards, such as a dangerous job at the employer's workplace or a past history of citations for a particular emplover).

8. List the Supreme Court's definition of interstate commerce.

Goes well beyond persons who are themselves engaged in interstate or foreign commerce

21. What is the primary factor in how the OSHA director determines penalties?

Gravity or seriousness

10. List and explain OSHA's 6 Inspection Priorities.

Imminent danger situations Severe injuries and illnesses Worker complaints Referrals Targeted inspections Follow up inspections

7. List 3 areas of accident investigation that pose the greatest liability for safety professionals.

Improper recordkeeping required notification in fatality and injuries requiring hospitalization fatality or serious injury situations

3. How do OSHA inspectors initially target more hazardous sites for inspection (Hint:

Initially inspectors are to select from data initiative those workplaces with high lost workday injury and illness rates

33. When faced with a fatality in the workplace, who should a safety professional have present and what must they reserve?

Legal counsel (lawyer) and reserve all of his/her rights

7. What legal decision (i.e., case) established the law that employers can force compliance officers to obtain a search warrant?

Marshall v. Barlow

Job transfer:

Most job transfers involve some type of restriction. Even if they don't, job transfers due to an injury or illness are recordable events. If an injured or ill employee is transferred to another job for half days, this is also a job transfer. If a permanent job transfer is made immediately, that is, on the day of injury or illness, at least one day of restricted work activity must be recorded.

9. How quickly must a citation be issued following an inspection?

Must be issued within 6 months

12. What factors must OSHA prove in order to justify a serious violation?

Must prove that the employer knew of should have known that a hazardous condition existed and that the employer knew there was a substantial likelihood that serious harm or death would result

11. List 3 individuals who have the authority to provide formal consent for an inspection to OSHA.

OForemen (or Forewomen) Senior Employees O General Contractors (on a worksite where other subcontractors are working).

26. possesses the burden of proof in proving violations.

OSHA

6. List the 8 things an inspector will do during an OSHA inspection.

Observe safety and health conditions and practices Consult with employees Take photos and instrument readings Examine records Collect air samples Measure noise levels Survey existing engineering controls Monitor employee exposure to toxic fumes gases and dusts

19. Define a "failure to post violation." What must the employer post?

Occur when an employer fails to post notices required by OSHA Poster (shown on next slide). (2) A copy of the "Year End Summary" standards, including: (1) The OSHA (Form #300A-we will discuss this in the next chapter). (3) A copy of OSHA citations (when they are received). (4) Copies of other pleadings and notices.

2. List 4 actions that OSHA has been granted broad regulatory power to carry out.

PROMULGATE INVESTIGATE AND INSPECT ISSUE CITATIONS PROPOSE PENALTIES FOR SAFETY VIOLATIONS IN THE WORKPLACE

5. List 3 primary responsibilities of the safety professional.

Protect the workers. 2) Protect yourself (from bodily harm and liability). 3) Protect the company (and in doing so, your job)

34. What is "essential" once an accident has occurred?

Recording the accident

10. What individual can establish standards?

Secretary of labor

1. True or False? Safety Professionals working for a company that only seek to meet the regulatory requirements for that company's operations should seek employment elsewhere.

True

13. True or False? An employer may be cited for a violation...if the condition causes harm or is likely to cause harm to employees, even if there is no standard addressing the hazard in question.

True

20. True or False? OSHA can issue simple notices, with no fines attached.

True

30. True or False? Criminal sanctions cannot be brought by OSHA for violations of the General Duty Clause.

True

5. True or False? The use of accident investigation can prevent recurrence of accidents and injuries.

True

Who is NOT covered (list all we discussed)?

WHO IS NOT COVERED: Employees in situations where other state or federal agencies have jurisdiction that requires the agencies to prescribe or enforce their own safety and health regulations; such as MSHA. 2) Residential owners who employ people for ordinary domestic tasks, such as cooking cleaning & childcare. 3) Federal, state, or local governments. 4) Native American reservations.

The Emergency Exception:

When an urgent threat to human life exists, and a delay in acquiring a search warrant might result in an increase of the hazard, or consent cannot readily be obtained from the employer because of the emergency situation, and the emergency need outweighs the individual's right to privacy.

Define: Work Environment:

When employees are at the establishment, they are in the work environment. When employees are working away from the establishment, they carry a "bubble" of work environment wherever they go.

1. List all of the groups that we discussed in class, and in your text, who are covered by the OSH Act.

Who is covered by the OSH Act? Virtually every American workplace that employs 1 or more employees and engages in a business that affects interstate commerce in any way. - In every state in "the union" - The District of Columbia - Puerto Rico - American Samoa (A Country) - Guam - The Virgin Islands - The Trust Territory of the Pacific Islands

2. List 9 parts that a written accident investigation plan should possess.

Who will be in charge of the investigation; Who will gather physical evidence; Who will take notes and photographs; Who will interview witnesses and victims; Who will prepare the final report; and Who will receive copies of the final report. A list of personal protective equipment (PPE) that will be needed A list of special transportation or communication needs.

26. When must employers record work-related hearing loss cases?

Within 24 hours of learning

14. Within what timeframe are all employers required to report the in-patient hospitalization an employee, amputation, or loss of an eye?

Within 24 hours of learning of the incident

13. Within what timeframe are all employers required to report fatalities?

Within 8 hours of learning of the incident

Injury:

an instance of being injured.

32. Define Isolated Incident Defense.

employer possesses an adequate safety and health program and the alleged violation observed by the compliance officer was an isolated incident, which is out of the norm within the safety and health program and efforts of the employer.

Targeted Inspections

k.a. "Ongoing Inspections") Inspections aimed at specific high-hazard industries or individual workplaces that have experienced high rates of injuries and

10. In terms of recordkeeping, what does the acronym PLHCP stand for?

physician or other licensed health care professional

4. An effective safety person knows when to _______ for information, and can effectively ______ of others to identify solutions.

seek an expert ; manage the activities

11. Why does OSHA collect injury and illness data (provide at least one reason)?

the data are used by OSHA. We collect the data to help us direct our programs and measure our own performance, and our inspectors use the data during inspections to help direct their efforts to the hazards that are hurting workers.

35. List the components of EACH LEVEL of the Impossibility or Infeasibility Defense. LEVEL ONE:

(1) "It would have been technologically infeasible to implement the standard's requirements under the circumstances-or- (2) Compliance with the standard would have precluded performance of the necessary work operations."

19. List the 4 elements a plaintiff must prove in order to establish negligence. (1)

(1) Duty: A "standard of care." (2) Breach of Duty: Alteration of a standard of care. (3) Causation: How the alteration affected the plaintiff. (4) Damages: What compensation the plaintiff requires.

16. List 9 activities that employees are covered for under the OSH Act.

(1) File a complaint with OSHA. (2) Instituted or testified in any proceeding. (3) Otherwise exercised any right afforded them by the OSH Act. (4) Petition for hearings on variance requests. (5) Request inspections. (6) Challenge abatement dates. (7) Accompany the OSHA inspector during an inspection. (8) Participate in or challenge OSHRC decisions and citation contests. (9) Bring actions for, injunctive (judicial) relief against the Secretary of Labor for imminent danger situations.

24. List 4 factors directors considered when assessing monetary penalties.

(1) Good faith of the employer. (2) Gravity of the violation(s). (3) Employer's past history of compliance. (4) Size of the employer.

29. List and explain 4 circumstances for which OSHA provides for criminal penalties.

(1) If anyone inside or outside of OSHA or the Dept. of Labor (DOL) gives advance notice of an OSHA inspection (without authority of the DOL Secretary). *Violators may be fined up to $1,000 or imprisoned for up to 6 months * (2) Any employer or person who intentionally falsifies statements or OSHA records that must be prepared. maintained, or submitted to OSHA. *If found guilty, violators may be fined up to $10,000, or imprisoned for 6 month or both * (3) Any person responsible for a violation of an OSHA standard, rule, order or regulation that causes the death of an employee. *Upon conviction, violators can be fined up to $10,000, imprisoned for up to 6 months, or both * (3) If an individual is convicted of forcibly resisting or assaulting a compliance officer. Violators can be fined up to $5,000, or imprisoned for up to 3 years, or hoth *

9. List and explain 3 ways that new standards can be promulgated under the OSH Act.

(1) National Consensus Standard: (NO LONGER USED!) -Standards are established (at the Federal Level) without following lengthy rulemaking procedures. Many are usually adapted from other areas of regulation, such as the National Electric Code (NEC) or the American National Standards Institute (ANSI)

28. List 4 cases/actions where OSHA regulations may be used as evidence.

(1) Negligence cases against an employer. (2) Product liability cases. (3) Worker's Compensation cases. (4) In other actions involving employee safety and health issues.

23. List the 5 factors that directors and compliance officers utilize to determine the degree of probability an injury or illness will occur.

(1) Number of employees exposed. (2) Frequency & duration of exposure. (3) Proximity of employees to the point of danger. (4) Factors such as speed of the operation, that require work under stress. (5) Other factors that might significantly affect the degree of probability of an accident.

3. List and define two other agencies established by the OSH Act.

(1) OSHRC: The Occupational Safety and Health Review Commission 1. Is composed of 3 commissioners appointed by the President. 2. Along with the U.S. courts, has been very active in resolving many disputed issues, and clarifying the law as it stands (p. 1). 1. OSHRC has the power to: -Issue Orders -Uphold, vacate or modify OSHA citations and penalties -Direct other appropriate relief and penalties.

25. Which 3 citations have the greatest monetary fines?

(1) Repeat Violations: A second citation for a violation previously cited by a compliance officer. (2) Willful Violations: In addition to monetary fines, this violation exposes the employer to an egregious violation charge, and the potential for criminal sanctions, if an employee is injured or killed (as a result of this violation). (3) Failure to Abate: Has the greatest cumulative liability of all. OSHA may assess a penalty of up to $12,471 per day, per violation, for each day past the required abatement date, for which a cited violation is not brought into compliance.

22. What 2 factors are considered in determining the gravity of a violation?

(1) Severity of Injury or Illness that could result. (2) Probability that an Injury or Illness could occur.

33. List the three circumstances that safety pros must establish through supporting evidence, in order to prove the Isolated Incident Defense.

(1) The alleged violation resulted exclusively from the employee's conduct or misconduct. (2) The alleged violation was not participated in, observed by or performed with the knowledge and/or consent of any supervisory personnel. (3) The employee's conduct or misconduct contravened (i.e., went against) a well-established company policy or work rule that was in effect at the time, well published to the employees, and actively enforced through disciplinary action or other appropriate procedures.

21. List 4 criteria that courts utilize to determine if OSHA standards and regulations could be used to establish negligence per se.

(1) The statue or regulation must clearly define the required standard of conduct. (2) The standard or regulation must have been intended to prevent the type of harm that the defendant's act [or omission of act] caused. (3) The plaintiff must be a member of the class of persons that the statute or regulation was designed to protect. (4) The violation must have been the proximate cause (immediate cause) of the injury. Exactly

List the two tests utilized by OSHRC for Preemption Defense

(1) whether a regulation has actually been promulgated by an agency other than OSHA-and- (2) whether that regulation covers the specific working conditions at issue (more on both of these next).

9. List and explain 3 ways that new standards can be promulgated under the OSH Act.

(3) Emergency Temporary Standard (MOST INFREQUENTLY USED!) -The Secretary of Labor may immediately establish a standard if it is determined that employees are subject to grave danger from exposure to substances or agents known to be toxic or physically harmful.

Fourth Amendment

(Dealing with search & seizure.) The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Colannade-Biswell Exception:

(a.k.a. "The Licensure Exception") A business in a regulated industry (such as a liquor store or pawn shop; establishments who have particular types of operating licenses) provided an implied waiver of its Fourth Amendment Rights by engaging in these types of industries.

17. Define repeat and failure to abate violations. Explain the difference.

* Repeat Violation: Upon re-inspection a violation of a previously cited standard is found, but the violation does not involve the same machinery, process, or location. Failure to Abate Violation: Upon re-inspection a violation of a previously cited standard is found, but evidence indicates that the violation continued uncorrected since the original inspection.

2. 100% compliance DOES NOT MEAN

100% safe

27. How long does the employers have to file a "notice of contest" following receipt of a notice of violation(s)?

15 working days

15. True or False? A group of non-serious violations may be classified as serious violations.

15. True

25. Define medical removal. Is it recordable?

1904.9 requires the employer to record cases where an employee is medically removed under an OSHA standard. Several OSHA standards have medical removal criteria, including the lead, cadmium, and benzene standards. The case is recorded as a days away or restricted work case depending on how the employer deals with the removal. If employers voluntarily remove employees below the thresholds in the standards, the case does not need to be recorded under this paragraph.

22. True or False? Medical treatment does not include first aid procedures.

22. True

4. How long do workers who have been discriminated against have to contact OSHA following this discrimination?

30 days

32. True or False? An employer could face two prosecutions for the same OSHA violation without the protection of double ieopardy.

32. True

4. True or False? OSHA approves all state plans prior to their enactment.

4. True

29. In what timeframe is an employer required to determine the recordability of a case?

7 calendar days

1. List 10 primary steps in accident investigation.

9) Identify a recommended action plan (to prevent future accidents), based primarily on the root cause of the accident. 10) Document the investigation 11) Follow through with your action plan, and revise as necessary. • Immediate Cause: A cause that closely precedes an effect. Contributory Cause: A cause that assisted the effect in question to take place, but did

13. What percent of employers voluntarily consent to inspections when the compliance officer "knocks at the door?"

97% to 99%

Permanent Variance

A permanent variance grants an exemption from a standard to employers who can prove that their methods conditions practices operations or processes provide workplaces that are as safe and healthful as those that follow the Osha standards when applying for a permanent variance employers must let employees know they have filed the application and that the employees have the right to request a hearing

13. List 5 examples of serious injuries (as defined by OSHA).

Amputations Fractures Deep cuts w/ extensive suturing Disabling burns concussions

Nonconsensual Administrative Inspection

An OSHA inspection for which the party being inspected has refused consent for OSHA to enter its facility/workplace. Unfortunately, in many inspection situations, this action then leads to OSHA's pursuit of a search warrant for that facility/workplace.

37. Define: The Machine Was Not in Use Defense.

An affirmative defense that can be used by safety pros, if the facts of the situation support that the machine cited by the compliance officer during the inspection was not in use and, thus, could not create the alleged violation identified in the citation.

Establishment:

An establishment is a single physical location where business is conducted or where services or industrial operations are performed. For activities where employees do not work at a single physical location, such as construction; transportation; communications, electric, gas and sanitary services; and similar operations, the establishment is represented by main or branch offices, terminals, stations, etc. that either supervise such activities or are the base from which personnel carry out these activities.

Define: Work-relatedness:

An event or exposure in the work environment is a discernable cause of the injury or illness or of a significant aggravation to a pre-existing condition

Variance

An exception to compliance with some part of a safety and health standard granted by OSHA to an employer

11. What 4 groups can recommendations or requests for a standard(s) be submitted by?

Any interested person or organization. - Employees & employers. - Environmental groups.

23. What types of evidence should safety pros bring with them to an informal conference to contest a citation?

Arguments O Ideas O SUPPORTING DOCUMENTATION (CYA!)

Factual Defenses

Based on the specific actions, inactions, and circumstances that took place during the actual compliance inspection. DOCUMENTATION, IS OF COURSE CRITICAL HERE!!!

30. List 4 types of employees covered by the Recordkeeping Standard (1904.31).

Basic requirement. You must record on the OSHA 300 Log the recordable injuries and illnesses of all employees on your payroll, whether they are labor, executive, hourly, salary, part-time, seasonal, or migrant workers. You also must record the recordable injuries and illnesses that occur to employees who are not on your payroll if you supervise these employees on a day-to-day basis. If your business is organized as a sole proprietorship or partnership, the owner or partners are not considered employees for recordkeeping purposes.

20. Are days away cases recordable? Why or Why not?

Cases that result in days away from work are recordable. The employer is to check the box for days away cases and count the number of days away. The day of the injury or illness is not counted as a day away

2. Define comprehensive and partial OSHA inspections. Explain the difference.

Comprehensive: a substantially complete inspection of the potentially high hazard areas of the establishment an inspection may be deemed comprehensive event though as a result of the exercise of professional judgement not all potentially hazardous conditions operations and practices within those areas are inspected

Define negligence per se

Conduct, whether of action [or omission of action] that may, without any argument or proof as to the particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it.

Procedural Defenses

Defenses usually very technical in nature, such as a defect in the inspection procedure. Usually they are not successful unless the safety pro possesses facts that can show actual

1. List 5 basic rights that employers have during OSHA inspections.

Demand warrants Protect trade secrets Accompany during walkarounds Closing conference Challenge citations

11. List and define the 4 basic types of OSHA violations.

Deminimis - no fines or abatement periods Other or nonserious- possess a direct relationship to the safety and health of workers Serious- substantial probability that a hazard could cause injury or illness Willful- employer meant to do it

8. List 3 areas of liability for safety professionals in the area of Recordkeeping Requirements.

Employee access to personal medical records and OSHA required records Failure to record information regarding work related injuries and illnesses accurately and appropriately Failure to report fatality within 8 hours

4. List 4 areas in a workplace where accident investigation can reveal deficiencies in a safety program.

Equipment working environment machine processes human acts

12. True or False? Recording an injury or illness means an OSHA standard has been violated.

False?

14. True or False? Employers may still be cited for specific ergonomic standards that do not yet exist.

False?

18. True or False? When an employee travels as part of their job, it is not necessary to record any injuries or illnesses that they sustain during work activities, since they are offsite.

False?

25. True or False? Becoming adversarial (i.e., argumentative) during an informal conference is an excellent substitute for proper preparation beforehand.

False?

3. True or False? All of us are safety experts of some kind.

False?

31. True or False? The statute of limitations for OSHA criminal violations is 15 years.

False?

35. True or False? After the accident, liability has not attached itself as of vet.

False?

5. True or False? Federal OSHA plays a direct role in enforcement of state plans.

False?

5. True or False? You should allow the OSHA inspector(s) to conduct the inspection by himself or herself, then follow up after the inspection to find out what s/he found.

False?

5. In what ways can employers accompanying OSHA inspectors during an inspection can be both helpful and harmful?

Helpful, because the employer can avoid certain areas. O Harmful if a major violation is found, and the employer, in trying to explain, talks itself into more trouble, and ends up with a higher fine and a more serious violation.

1. List 4 circumstances in which an OSHA area director is permitted to provide notice of an upcoming inspection to an employer.

In cases of apparent imminent danger to enable the employer to correct the danger as quickly as possible When the inspection can most effectively be conducted after regular business hours or where special preparations are necessary To ensure the presence of employee and employer are representatives or appropriate personnel needed to aid in inspections When the area director determines that advance notice would enhance the probability of an effective and thorough inspection

34. Define Impossibility or Infeasibility Defense. How is it generally interpreted by the courts?

In essence, the basis of this defense is that achieving compliance with the standard is impossible, because of the nature of the specific job or work. This defense is VERY NARROW (ie., VERY strictly interpreted by the courts) and safety pros must be aware that the burden of proof SHIFTS TO THE EMPLOYER (THIS MEANS YOU!) to prove this defense.

Preemption Defense

Involves whether OSHA possesses the jurisdiction to inspect the particular workplace and issue a citation regarding the alleged violations found during this inspection.

6. Is completion of an accident investigation (following a work-related injury or illness) required under OSHA's Recordkeeping Requirements? Why why not?

Is required to meet the record keeping requirements

List and define two other agencies established by the OSH Act.

NIOSH provides national and world leadership to prevent work-related illness, injury, disability, and death by translating the knowledge gained into products and services, including scientific information products, training videos, and recommendations for improving safety and health in the workplace.

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

27. List the 3 basic OSHA Recordkeeping Forms and the name of each.

OSHA Form 300 Log of Work- Related Injuries and Illnesses OSHA Form 300A Summary of Work-Related Injuries and Illnesses OSHA Form 301 Injury and Illness Incident Report

28. Which of these forms must be posted and for what time frame?

OSHA Form 300A Summary of Work-Related Injuries and Illnesses 3 months

24. List 4 conditions that OSHA believes to be considered "significant injuries and illnesses."

OSHA believes that most significant injuries and illnesses will result in one of the criteria listed in § 1904.7(a): death, days away from work, restricted work or job transfer, medical treatment beyond first aid, or loss of consciousness.

18. In what type of legal actions are OSHA standards most frequently used?

OSHA standards are most widely used in negligence actions.

Level Two

Once level one has been proven, the safety pro must then prove that: (1) "The company used an alternative method of employee protection; --or-- (2) No feasible alternative means of protection was available."

22. Exactly what issues can be discussed at an informal conference with an OSHA inspector and/or Area Director?

One avenue to address the alleged violations, which is very cost effective, as well as applicable if the alleged violation has been corrected, additional time is needed for abatement, or related issues are applicable, is the use of an informal conference.

31. Define Lack of Employment defense. What industry typically utilizes this defense?

One procedural defense used by safety pros working within the construction industry and other industries with contractors on-site is the Lack of Employment Relationship defense. This defense may be applicable for general contractors where the alleged hazard was created by and controlled by a subcontractor and only the subcontractor's employees are exposed to the alleged hazard.

National Defense Variance

Osha uses national defense variances to grant reasonable variations tolerances and exemptions to and from the requirements of the OSH act to avoid serious impairment of the national defense

2. Define comprehensive and partial OSHA inspections. Explain the difference.

Partial: an inspection whose focus is limited to certain potentially hazardous areas operations conditions or practices at the establishment.

3. List 8 sections that should be on an accident investigation form.

Particulars of an accident Injured person Type of injury Damaged property Accident Analysis Prevention Treatment and investigation of accident

26. What is the preferred method for resolving a citation?

Request an informal conference

12. List the General Duty clause.

Requires that an employer maintain a place of employment free from recognized hazards that are causing, or are likely to cause, death or serious physical harm; even if there is no specific OSHA standard addressing the circumstances.

Define: Restricted work case:

Restricted work activity is evaluated by looking at two components: time and job functions. If, because of a work-related injury or illness, an employee is unable to work the full shift he or she was scheduled to work, then that worker is considered to be on restricted work activity. For example, if the employee was scheduled to work an 8- hour day, but is only able to work 4 hours, then his work activity is restricted. If an employee is able to work a full shift, but is unable to perform all of his or her routine job functions, then the worker is also considered to be on restricted work activity

8. Explain what happens during the Closing Conference of an inspection.

Review potential violations Go over possible remedial actions Discuss abatement times but not penalties

17. What case (that we discussed in class) was an excellent example of employees' right of refusal to perform an unsafe task?

The case regarded an employee's right to refuse unsafe or unhealthy work (and will be discussed next). Whirpool Corp v. Marshall

36. List two factors that safety pros should be able to demonstrate if they are to make an economically infeasible argument against a violation.

The cost is unreasonable in light of the protection afforded-and- O Show any adverse effects the cost would have on the business as a whole.

Is an employer's good faith considered when the employer is requesting reductions in violations or penalties?

The good faith shown by the employer through the safety and loss prevention professional is often taken into account when requesting reductions in violation categorization and monetary penalties.

3. What is the intent of OSHA's "whistleblower" standards (Hint: see your handout for this chapter.)?

The intent is that workers must not be penalized for doing the right thing and speaking out about workplace safety hazards

27. Regarding evidence, what standard is used by OSHRC (for example, in OSHRC hearings)?

The preponderance of the evidence standard is utilized in OSHRC hearings and Rules of Evidence are utilized throughout.

31. How long are employers required to retain (i.e., keep) and update records of employees?

The records must be retained for five years. During the retention period, the employer must update the 300 form to include any cases that are newly discovered or whose status has changed, but does not have to change the summary or the 301 form.

15. When is a company exempt from OSHA injury and illness recordkeeping (Hint: think in terms of # of employees)?

The size exemption is based on the company's peak employment during the last calendar year. If, at any time last year, the company reached 11 or more workers, the company is not size exempt. However, the company, or some of its individual establishments, may still be exempt because of industry classification

The Consent Exception:

The usual exception for OSHA, used by the vast majority of employers, where they formally consent to the exception. Valid consent by the employer waives the employer's Fourth Amendment rights and protection (the Fourth Amendment is explained next).

7. Can violations that are corrected "on the spot" still be cited by the compliance officer? Why or why not?

Yes, shows good faith in compliance but the apparent violations may still serve as the basis for a citation.

Illness:

a disease or period of sickness affecting the body or mind.

30. Does OSHA possess concurrent jurisdiction with other governmental agencies?

agencies? In general OSHA does not possess concurrent jurisdiction with other governmental agencies and usually will only expand its jurisdiction (to cover YOUR operations) if there is no another governmental agency with a specific regulation addressing safety and health.

6. True or False? It is advisable to force the compliance officer to obtain a search warrant before an employer allows that officer to inspect their facility.

or False?