Unit II Legal Aspects of Safety and Health

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Legal Aspects of Safety and Health

Unit II Assessment

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Question 1

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

		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.

4 points

Question 2

1. Who bears the burden of proof on a "de minimis" issue (violation)?

		the commission
		the employee
		the employer
		the contractor

4 points

Question 3

1. Which of the following is false regarding the new 2002 Recordkeeping regulations?

		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 4

1. 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?

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

4 points

Question 5

1. Which of the following is not a part of the new 2002 Recordkeeping regulations regarding reporting information to the government?

		Employers must provide records to an OSHA compliance officer who requests them within 6 hours of the request.
		Employers must call in all fatal heart attacks occurring in the work environment.
		Employers do not need to call in commercial airplane, train, subway or bus accidents.
		Employers do not need to call in public street motor vehicle accidents except those in a construction work zone.

4 points

Question 6

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

		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.

4 points

Question 7

1. 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?

		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 8

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

		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.

4 points

Question 9

1. Regarding the replacement of the General Duty Clause with OSHA Standards, all of the following, except which one, are examples of the Field Operations Manual instructions to OSHA inspectors? "The General Duty Clause:

		shall not be used when a standard applies to a hazard."
		shall not be used to enforce "should" (voluntary consensus) standards."
		shall not normally be used to cover categories of hazards exempted by a standard."
		shall not be used to impose a more lenient requirement than that required by the standard."

4 points

Question 10

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

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

4 points

Question 11

1. 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.

30 points

Question 12

1. 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.

30 points

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