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unit_vi_assessment.docxLegal Aspects
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Question 1
Which of the following is not a standard citation for an OSHA violation?
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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 2
Which section of the OSH Act states that final Commission orders may be appealed in the U.S. circuit courts of appeal?
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Section 9 |
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Section 11 |
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Section 12 (a) |
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Section 8 (a) |
4 points
Question 3
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?
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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 4
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)] ?
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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 5
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?
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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) |
4 points
Question 6
A violation can be characterized as ________, meaning that it has "no direct or immediate relationship to safety or health."
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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 7
In the OSHA area, the applicability of criminal charges is restricted to narrow circumstances. Which of the following is not one of those circumstances?
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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 8
If the violation is determined by OSHA to be willful, the penalty range will be from _____ to ______.
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$5,000; $70,000 |
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$7,000; $70,000 |
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$10,000; $100,000 |
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$10,000; $50,000 |
4 points
Question 9
What is it known as when OSHA issues a separate citation for each instance of a violation?
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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 10
Which of the following is a false statement?
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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 11
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.
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30 points
Question 12
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.
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30 points
