50 Multiple Choice Questions on HSE Laws

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Question 1

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

Question 2

Which of the following is false concerning the employer's substantive affirmative defenses?

Answer

		A citation may be vacated if the employer proves that an alternative method of protection was used.
		In considering the infeasibility defense, courts have concluded that it encompasses both technological and economic factors.
		The commission has held that employers need not strictly comply with a standard, to the extent that compliance would create greater hazards than non-compliance would.
		The commission requires the employer show two elements of proof that he required his employees to take protective measures to comply with the standard.

Question 3

The General Duty Clause allows inspectors to cite employers for exposing employees to a recognized hazard that:

Answer

		has not been specifically addressed in the regulations.
		has been specifically addressed in the following guidelines and regulations: NIOSH, NEPA, EPA Hazardous Waste Regulations.
		exceeds the bounds of reasonable cost-benefit analysis.
		falls under Section 8 of the OSH Act.

Question 4

The General Duty Clause applies to __________ covered under the OSH Act.

Answer

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

Question 5

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.

Question 6

How did the rules of liability change regarding "to whose employee does the duty run"?

Answer

		The Second Circuit established a new series of affirmative defenses and an expanded liability rule in 1975.
		An older, narrower liability rule was affirmed by the Second Circuit in 1975.
		The multi-employer worksite liability rules were abolished.
		General construction contractors were excluded from the question.

Question 7

All of the following are industry specific "parts" in Title 29 CFR except which one?

Answer

		Part 1928 - Agriculture
		Part 1918 - Longshoring and Part 1917 - Marine Terminals
		Part 1931 - Shipyards
		Part 1926 - Construction

Question 8

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.

Question 9

What is the new name of the OSHA summary and Log Form and Incident Report Form under the new recordkeeping regulations after January 1, 2002?

Answer

		OSHA 200, 201 LF, IR 2002
		OSHA 300, Log OSHA 300A, 301
		OSHA 2002, Log 2002 A, IR 2002
		OSHA 301, IR 2002

Question 10

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

Question 1

A Safety Data Sheet (SDS) under GHS will need to provide all of the following information except which one?

Answer

		Ecological and transport information
		Toxicological information and chemical properties
		First aid measures and reactivity information
		Hazard identification and cost-benefit analysis

Question 2

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

Question 3

Which of the following is true under GHS?

Answer

		The GHS requirements on information and training are more specific than those required under the HCS.
		WSSD, IFCS, and ANPRM are international bodies that have proposed implementation goals on GHS.
		A firm date of January, 2010 was set for the United States implementation of GHS.
		A key concern with implementation of the GHS is the costs associated with the changes.

Question 4

Which of the following is false regarding inspections and warrants?

Answer

		Marshall v. Barlow's Inc. interpreted Section 8 (a) as requiring either a warrant or the employer's consent to the inspection.
		The employer may insist on a warrant at any time-even after he or she has consented initially to a search.
		Warrants can be broad or narrow in scope, and the employer may insist that the inspection of its premises be limited to those areas or workplaces specified in the warrant.
		Under a wide-ranging, broad set of circumstances, OSHA has the authority to enter and inspect a worksite without obtaining a warrant or the employer's express consent.

Question 5

Section 7 of the NLRA is most often applied to protect union organizational efforts; it also prohibits an employer from what action, and was tested under what "seminal" case?

Answer

		Shifting burden of authority to contractors, under Donovan v. Freeway Construction Co.
		Disciplining employees for whistleblowing, under Secretary of Labor v. HMS Direct Mail
		Disciplining employees for engaging in concerted activity to protest unsafe working conditions, under NLRB v. Washington Aluminum
		Preventing union meetings from occurring on company property, under UAW v. Ford Motor Co.

Question 6

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

Question 7

What section of the OSH Act prohibits discrimination against an employee because he or she 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

Question 8

What court has exclusive jurisdiction to hear appeals of final orders of the Commission?

Answer

		State Supreme
		Supreme Court
		Federal Circuit
		State Appeals

Question 9

Employers may challenge any adverse citation, civil penalty, or abatement order by filing a ________ with the Commission within ____business days of the receipt of the violation.

Answer

		Challenge request (CR); 30
		Adjudication Hearing (AH); 30
		Notice of Contest (NOC); 15
		Notice of Challenge (NOC); 30

Question 10

Which of the following is not true?

Answer

		Section 11 (a) of the OSH Act authorizes employees and employee representatives to formally challenge the time permitted for an employer to abate a violation or unsafe workplace condition.
		Employees have a right to participate in an inspection.
		Section 11 (a) (3) of the OSH Act requires employers to allow employees or their representatives to observe the sampling or monitoring of hazards in the workplace.
		Section 8 (c) of the OSH Act and its implementing regulations require employers to keep and maintain a variety of records, including records of workplace injuries and fatalities.

Question 1

OSHA's authority to inspect workplaces is set forth in what section of the Act?

Answer

		Section 10 (a)
		Section 6 (a)
		Section 8 (a)
		Section 2 (a)

Question 2

OSHA's self-audit policy:

Answer

		extends to information gathered as analyses, conclusions, and recommendations resulting from the audit.
		was published in the Federal Register in January 2000.
		is legally binding.
		states that it will issue a citation for a violative condition discovered as a result of the self-audit.

Question 3

What section of the Act and what records will a compliance officer cite and ask for in an opening conference?

Answer

		Section 8 (d), and OSHA Form 203-207
		Section 8 (e), and Hazardous Materials Inventory
		Section 8 (c), and OSHA Form 300 (OSHA 300 Log)
		Section 8 (c), and OSHA Form 200

Question 4

All of the following are ways for the employer to attempt to challenge a warrant in federal court (after a compliance officer arrives at the workplace already armed with the warrant) except which one?

Answer

		Refuse entry to the compliance officer and wait to defend the Secretary of Labor's motion for contempt.
		Permit the inspection to proceed under protest and later move to suppress the evidence gathered during the inspection.
		Refuse entry to the compliance officer and go to the federal court to preemptively challenge OSHA's right to a warrant.
		Refuse entry to the compliance officer and move to quash the warrant.

Question 5

OSHA inspectors are called ________.

Answer

		inspection officers
		compliance officers
		detail officer
		supervisory enforcement officers

Question 6

Confidentiality is a critical factor for securing the common law audit privilege. What case showed that, like other evidentiary privileges, this privilege is considered waived if the information at issue has been disclosed to third parties?

Answer

		Upjohn v. United States
		Price v. County of San Diego
		Reich v. Hercules
		Peterson v. Chesapeake & Ohio Ry. Co.

Question 7

In what case did the Supreme Court hold that "the businessman, like the occupant of a residence, has a constitutional right to go about his business free from unreasonable official entries upon his private commercial property"?

Answer

		Peabody Southwest v. Texas
		Donovan v. Hackney, Inc.
		United States v. Thriftmarks Inc.
		Marshall v. Barlow's Inc.

Question 8

All of the following factors are used to determine if the common law audit attorney/client privilege exists except which one?

Answer

		Whether there is a low public interest in encouraging audits of this type to be considered.
		Whether there is a strong likelihood that not applying the privilege in this context will discourage companies from conducting these types of audits.
		Whether the information at issue was generated in the course of a self-audit conducted by the company.
		Whether the company intentionally preserved the confidentiality of the information.

Question 9

What gives a company the ability to literally inspect itself and thereby find and resolve problems before they become legal liabilities?

Answer

		Cost benefit analysis
		Consultants
		Auditing
		Because it was the right thing to do

Question 10

Under OSHA's self-audit policy, the company could receive a ____ penalty reduction if found to take prompt and effective action to correct a hazard.

Answer

		10%
		25%
		40%
		50%

Question 1

Which of the following is true regarding Federal Prosecution under the OSHA Act?

Answer

		Independent contractors are considered employees of the company under the common law of agency.
		Any employer who creates a safety hazard on a multi-employer work site may not be criminally liable for the death of a worker, whether their own or that of another employee.
		To prosecute for a willful violation, the employer needs not to have exhibited "intentional disregard", but just "plain indifference" towards the safety requirements promulgated under the OSH Act.
		Knowing violations of the oath (lying under oath) is a punishable by up to a year in prison and/or a $100,000 fine.

Question 2

All of the following are characteristics of the OSHA citation except which one?

Answer

		It must be in writing.
		It must describe in detail the nature of the violation alleged.
		It will also state the abatement period.
		It can be issued anytime up until 1 year from the alleged violation.

Question 3

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

		Section 6 (f)
		Section 8 (e)
		Section 8 (c)
		Section 7 (f)

Question 4

If a citation is determined by OSHA to be for a serious violation, penalties can be assessed for up to what amount singly or for each violation?

Answer

		$5,000
		$7,000
		$10,000
		$25,000

Question 5

Which of the following is not a standard citation for an OSHA violation?

Answer

		Criminal violation
		Other than serious violations
		Serious violations
		Willful violations

Question 6

What is it that EPA and OSHA have entered into that allows the two agencies to work together to enforce both environmental and health and safety regulations in the workplace?

Answer

		Joint Contract
		Statement of Work Purpose
		Memorandum of Understanding
		Joint Enforcement Action Memorandum

Question 7

What is it known as when OSHA issues a separate citation for each instance of a violation?

		Repeat violations
		Egregious penalty policy
		Willful and serious violations
		De Maximus violations

Question 8

If the violation is determined by OSHA to be willful, the penalty range will be from _____ to ______.

Answer

		$5,000; $70,000
		$7,000; $70,000
		$10,000; $100,000
		$10,000; $50,000

Question 9

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

		CH2M Hill v. OSHRC
		Penn-Dixie v. OSHRC
		Oil, Chem. & Atomic Workers v. OSHRC
		Austin Road v. OSHRC

Question 10

Which section of the OSH Act states that final Commission orders may be appealed in the U.S. circuit courts of appeal?

Answer

		Section 9
		Section 11
		Section 12 (a)
		Section 8 (a)

Question 1

In the event that OSHA does not act in the face of an alleged imminent danger situation, labor unions and employees can take what action?

Answer

		File a lawsuit
		Seek a writ of mandamus
		Walk off the job site with full pay and benefits for 30 days
		They have no further action available to them

Question 2

Which of the following is a false statement?

Answer

		Section 18 of the OSH Act allows states to develop and operate their own enforcement plans.
		For at least one year following certification, OSHA monitors the state's plan to determine whether it is "at least as effective as" the federal program.
		The OSHA inspector has significantly more authority than the MSHA inspector to take immediate action without first seeking court approval when threatened with an imminent danger situation.
		Imminent danger postings may be triggered by concern over ongoing injuries at facilities.

Question 3

What Section of the OSH Act requires a state to submit a plan to OSHA if the state desires to assume responsibility for the development and enforcement of standards "relating to" any occupational safety or health issue, with respect to which a federal standard has been issued?

Answer

		Section 18
		Section 8 (e)
		Section 10 (d)
		Section 2 (a)

Question 4

Which section has been cited by the courts as preventing preemption of Section 18 of state criminal laws?

Answer

		There is no section. Preemption cannot be prevented.
		Section 2(a)(5)
		Section 4(b)(4)
		Section 18(b)(6)

Question 5

To secure a warrant in an imminent danger inspection, the Administration must set forth all the following, except which one?

Answer

		a description of the alleged imminent danger situation
		whether all current imminent danger processes and procedures have been strictly followed
		the date received, but not the source of the information
		the proposed scope of the inspection

Question 6

Under what section of the Mine Act can a mine inspector shut down an entire mining operation if he identifies a hazardous condition that constitutes an imminent danger in a mine?

Answer

		Section 107 (a)
		30 USC § 813
		Section 105 (c)
		Section 110 (c) and (d)

Question 7

Which of the following is not true regarding state plans?

Answer

		Of the 26 current state plans, 22 cover both private and public employers.
		A state may voluntarily withdraw its state plan.
		A state with an approved plan may legislate freely on the subject of occupational safety and health so long as state standards applicable to products do not unduly burden interstate commerce.
		A non-plan state may not exercise authority over any hazard for which there is no corresponding federal standard in effect.

Question 8

Congress included provisions in the OSH Act permitting states to do all of the following except which one?

Answer

		To operate an OSH program "at least as effective as" comparable federal standards.
		To assume responsibility during their developmental phase for having in place all the structural elements necessary for an occupational safety and health program within three years (i.e. legislation, enforcement, qualified enforcement personnel).
		To exercise jurisdiction over any occupational safety and health issue where no federal standard exists.
		After three years of certification, the state can seek OSHA's final approval.

Question 9

In what case did the Supreme Court hold that the OSH Act and HAZWOPER preempt a state occupational safety and health law, even though the state law purports to a "dual" purpose or impact (protecting public as well as worker safety and health)?

Answer

		The American Bridge case
		Caldwell v. U.S.
		Whirlpool v. Marshall
		The Gade case

Question 10

Which of the following is not true regarding the OSHA Investigation Procedure?

Answer

		An employee representative is entitled to participate in the inspection of the employer's premises.
		Prior to walking the premises, the CSHO will convene an opening conference.
		The CSHO can post and secure a temporary restraining order for a place of business that forces the employer to immediately abate an imminent danger.
		Agency regulations permit the CSHO to consider expanding the scope of investigation based on the information available during the inspection process.