public policy

In addition to statutory protections, many state courts recognize what type of action for wrongful discharge based on a "public policy" exception to the doctrine of employment at will?


Answer

. Tort
.
. Writs of Mandamus

. Consent Decrees

. Interim Orders
. 

4 points  
Question 2
. 
  Which of the following is true regarding complaints? 


Answer
.
.
. OSHA must provide a copy of the complaint to the employer no later than 30 days after the time of inspection. 
.
.
. The employee must sign all complaints. 
.
.
. OSHA need not withhold the identity of the employee filing the complaint. 

.
. Employees may seek a writ of mandamus if they believe the Secretary of Labor has wrongly declined to seek a permanent restraining order to abate an imminent hazard. 
. 

4 points  
Question 3
. 
  When are employers entitled to receive a copy of the complaint submitted by an employee or employee representative?


Answer
.
.
. At the time credentials are presented
.
.
. At the close of the inspection
.
.
. No later than at the time of inspection

. Employers are not entitled to receive a copy of the complaint
. 

4 points  
Question 4
. 
  What court has exclusive jurisdiction to hear appeals of final orders of the Commission?


Answer
.
. State Supreme

. Supreme Court

. Federal Circuit

. State Appeals
. 

4 points  
Question 5
. 
  What is the effort by the U.S. and other countries to promote common, consistent criteria for classifying chemicals according to their health, physical and environmental hazards?


Answer

. MSDS's

. CERCLA
.
.
. GHS
.
.
. HAZCOM
. 

4 points  
Question 6
. 
  What section of the OSH Act prohibits discrimination against an employee because he has taken part in any legal proceeding brought under the OSH Act?


Answer
.
.
. 29 CFR 1977.15 (d)
.
.
. 29 USC § 151
.
.
. 29 USC § 660 (c)
.
.
. 436 U.S. 307
. 

4 points  
Question 7
. 
  The principal purpose of the NLRA is to encourage the resolution of workplace disputes through collective bargaining. There are two sections that provide protection, under certain circumstances, to employees who refuse to perform unsafe work. What are they?


Answer
.
.
. Section 205 of LMRA, and Section 5 of the Act
.
.
. Section 502 of LMRA and Section 7 of the Act
.
.
. Section 313 of NLRA and Section 11 of the OSH Act
.
.
. Section 502 of NLRA and Section 313 of the OSH Act
. 

4 points  
Question 8
. 
  In the absence of a contract of employment for a fixed term, an employee is free to leave his employment at any time, and the employer is free to discharge an employee at any time for any reason, good or bad, or indeed for no reason at all. This doctrine is known as what?


Answer
.
.
. Free employment
.
.
. Open market
.
.
. Employment at will
.
.
. Non-binding employment
. 

4 points  
Question 9
. 
  Which of the following is not true regarding The HAZCOM Standard?


Answer
.
.
. The standard can best be described in one word - action.
.
.
. The standard regulates employers whose employees come into contact with hazardous chemicals at the workplace.
.
.
. The standard is codified at 29 CFR Part 1910.
.
.
. The standard does provide protection for some trade secrets.
. 

4 points  
Question 10
. 
  Which one of the following is true?


Answer
.
.
. Any employee can bring a suit to force their employer to correct a safety or health hazard under the OSH Act
.
.
. Complaints to OSHA are protected from employer retaliation by the free speech clause of the First Amendment
.
.
. NLRA protections for refusal to work under imminent hazards are available to all union members
.
.
. Once adverse job action resulting from employee protected activity has been proven in an 11(c) discrimination case, the burden of proof shifts to the employer
. 

4 points  
Question 11
. 
  Summarize the federal statutes that protect an employee, under certain circumstances, from being discharged or disciplined for refusing to perform an assigned task. Provide approximately 200-300 words in your response and a citation for your source material. Cite some case law in your response.


Answer
 
Question 12
. 
  Describe and discuss the employee rights under the OSH Act and its implementing regulations. Provide approximately 200-300 words in your response and a citation for your source material.


Answer