FOR PROF.MACQUEEN ONLY
jdsuth
unit_vii_assessment.docxLegal Aspects
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Question 1
To secure a warrant in an imminent danger inspection, the Administration must set forth all the following, except which one?
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a description of the alleged imminent danger situation |
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whether all current imminent danger processes and procedures have been strictly followed |
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the date received, but not the source of the information |
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the proposed scope of the inspection |
4 points
Question 2
What, by definition, can exist where there is a reasonable certainty that a workplace hazard, practice, or danger exists that can be expected to cause death or serious physical harm immediately?
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serious violation |
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willful and serious violations |
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willful and de maximus violations |
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imminent danger |
4 points
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?
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Section 18 |
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Section 8 (e) |
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Section 10 (d) |
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Section 2 (a) |
4 points
Question 4
At the time of printing of the textbook, which of the following states had final approval of their state plans?
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Utah, Iowa, and Arizona |
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Oregon, North Carolina, and California |
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Washington, Puerto Rico and Connecticut |
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Alaska, Arizona and Vermont |
4 points
Question 5
Which section has been cited by the courts as preventing preemption of Section 18 of state criminal laws?
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There is no section. Preemption cannot be prevented. |
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Section 2(a)(5) |
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Section 4(b)(4) |
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Section 18(b)(6) |
4 points
Question 6
Which federal agencies have the authority to conduct workplace inspections and issue citations when imminent dangers are identified?
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OSHA and EPA (hazardous materials operations only) |
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EPA (hazardous materials operations only), MSHA, and OSHA |
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OSHA only |
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MSHA and OSHA |
4 points
Question 7
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?
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File a lawsuit |
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Seek a writ of mandamus |
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Walk off the job site with full pay and benefits for 30 days |
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They have no further action available to them |
4 points
Question 8
The OSH Act also provides relief for employees if the government does not _____.
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negotiate with unions on serious violations |
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act in the face of an alleged imminent danger |
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negotiate with employers on serious violations |
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allow as many employee representatives as want to join the walk around inspection |
4 points
Question 9
Under what section is MSHA authorized to propose civil penalties against directors, officers, or agents of a corporation if they knowingly ordered a violation of a mandatory safety or health standard?
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Section 110 (c) and (d) |
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Section 105 (d) |
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30 USC � 813 |
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Section 1200.120 |
4 points
Question 10
Which of the following is not true regarding state plans?
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Of the 26 current state plans, 22 cover both private and public employers. |
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A state may voluntarily withdraw its state plan. |
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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. |
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A non-plan state may not exercise authority over any hazard for which there is no corresponding federal standard in effect. |
4 points
Question 11
List and discuss five important criteria that a state must meet in order to be approved by OSHA for safety- and health-related responsibility.
Please provide approximately 200-300 words and a reference citation for your source material in your response.
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30 points
Question 12
Define "imminent dangers" and discuss OSHA inspections related to these potential events and how they might differ from a routine inspection.
Please provide approximately 200-300 words and a reference citation for your source material in your response.
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30 points
