What section of the OSH Act

What section of the OSH Act contains the requirements for promulgating standards to deal with toxic materials or harmful physical agents?


Answer

. §§ 6 (b) (5)
. § 8 (e) and 4 (b), (c) and (e)
. § 1910.1005 
. § 1910.1200
. 

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
. Donovan v. Missouri Farmers Assn.
. National Realty and Construction Co. v. Occupational Safety and Health Review Commission.
. Caterpillar Inc. v. Occupational Safety and Health Review Commission
. Phoenix Roofing, Inc v. OSHA
. 

4 points  
Question 3
. 
  The preemption principle applies to _______.


Answer
.
.
. general standards only
.
.
. Part 1910 over Part 1920
.
.
. even to standards within an industry-specific part
.
.
. EPA Hazardous Waste Regulations
. 

4 points  
Question 4
. 
  Which of the following is false regarding the new 2002 Recordkeeping regulations?


Answer
.
.
. The term "lost workdays" is eliminated.
.
.
. Employers must review the 300 log information before it is summarized on the 300A form.
.
.
. The annual summary must be posted for one month instead of three.
.
.
. Employers are no longer required to count days away or day of restriction beyond 180 days.
. 

4 points  
Question 5
. 
  Who bears the burden of proof on a "de minimis" issue (violation)?


Answer
.
.
. the commission
.
.
. the employee
.
.
. the employer
.
.
. the contractor
. 

4 points  
Question 6
. 
  Which of the following is not a true statement?


Answer
.
.
. 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.
.
.
. OSHA need not show that prior accidents have occurred to prove that an employer had actual knowledge of a hazardous condition.
.
.
. 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).
.
.
. 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.
. 

4 points  
Question 7
. 
  Which of the following Safety Standards does not match up with its Recordkeeping requirement?


Answer
.
.
. Lockout/Tagout, 1910.147; Manlifts, 1910.95; Electrical Work, 1910.333
.
.
. Respirators, 1910.134; Overhead Cranes, 1910.179
.
.
. Shipyards, 1915.7 (a)(2); Derricks, 1910.181
.
.
. Excavations, 1926.652; Brazing, 1910.255
. 

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
. sensible
. reasonable
. obvious
. non-existent
. 

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
.
.
. cold or flu
. personal tasks outside working hours 
. motor vehicle accident in parking lot/access road during commute
. lifting/straining low back injury from handling floor to head height shelving
. 

4 points  
Question 10
. 
  The General Duty Clause applies to __________ covered under the OSH Act.


Answer
. most industries, most employers
. all industries, all employers
. any employer and industry with over 50 employees
. 

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
.
. 

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