LASH 6
frehfa
lash_5_and_6.docx
UNIT 6 The answers are found in chapters 11, 12, and 13 0f attached pdf book
1. In the OSHA area, the applicability of criminal charges is restricted to narrow circumstances. Which of the following is not one of those circumstances?
Answer
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if an individual gives advanced notice of an inspection |
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if an employer's willful violation of an OSHA standard results in the death of an employee |
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if an individual or employer knowingly makes any false statement, representation, or certification under the OSH Act |
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if an OSHA designated employee or contractor does not show proper identification upon entering a private company's premises |
4 points
Question 2
1.
Which of the following is not a standard citation for an OSHA violation?
Answer
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criminal violation |
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other than serious violations |
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serious violations |
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willful violations |
4 points
Question 3
1.
What is it known as when OSHA issues a separate citation for each instance of a violation?
Answer
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repeat violations |
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egregious penalty policy |
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willful and serious violations |
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de Maximus violations |
4 points
Question 4
1.
Which of the following is not true regarding judicial review of enforcement actions?
Answer
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The role of the federal courts under the OSH Act is limited. |
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The courts have concluded that manufacturers do not have standing to appeal a Commission decision on an OSHA violation involving the manufacturer's machinery. |
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An employer may not seek judicial review if it has not followed the required administrative procedures. |
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A court of appeals does not have jurisdiction to consider the constitutionality of the OSH Act during an appeal of a final Commission order. |
4 points
Question 5
1.
Under what section of the OSH Act authorizes the Secretary of Labor to seek judicial review of a final Commission order [29 U.S.C. § 660(b)] ?
Answer
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Section 11 (b) |
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Section 8 (e) |
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Section 6 (b) |
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Section 10 (f) |
4 points
Question 6
1.
In what case did the court overturn a Commission decision on grounds that the decision was speculative and not supported by substantial evidence in the record?
Answer
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CH2M Hill v. OSHRC |
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Penn-Dixie v. OSHRC |
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Oil, Chem. & Atomic Workers v. OSHRC |
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Austin Road v. OSHRC |
4 points
Question 7
1.
A violation can be characterized as ________ meaning that it has "no direct or immediate relationship to safety or health".
Answer
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inadvertent |
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other than serious |
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de minimis |
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unintentional |
4 points
Question 8
1.
If a settlement agreement cannot be reached with the OSHA Area Director, a Notice of Contest of the citation or penalty must be filed with the Secretary of Labor within what period of time to preserve any right to challenge the citation?
Answer
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10 working days |
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15 working days |
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30 working days |
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60 working days |
4 points
Question 9
1.
Which of the following is a false statement?
Answer
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After the OSHA area director transmits the notice of contest to the Review Commission, an ALJ is assigned to the case. |
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Regarding intent to contest a citation by an employer to OSHA, oral notice is sufficient if it is communicated within 15 days after receiving the citation. |
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Hearings before ALJ's follow trial-type procedures similar to those used in federal court. |
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The Review Commission has assessed penalties on a per-instance basis even when the violations were not willful. |
4 points
Question 10
1.
What section of the OSH Act provides that any party adversely affected by an OSHA standard may seek pre-enforcement judicial review by filing a petition prior to 60 days after promulgation of the final rule?
Answer
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Section 6 (f) |
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Section 8 (e) |
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Section 8 (c) |
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Section 7 (f) |
Discuss and assess the potential for multiplied penalties for egregious violations.
Provide approximately 200-300 words in your response and a citation for your source material.
What are the important findings in Austin Road Co. v. OSHRC and Builders Steel Co. v. Marshall?
Provide approximately 200-300 words in your response and a citation for your source material.
