Environmental Science


Questions

# Description Question
7506

1 All of the following happen at an "opening conference" except which one?

Answer

   

The compliance officer will inquire whether a union represents the employees.

   

The compliance officer will offer to fax or send certification credentials to the employer

   

The employer is told of the planned scope of the inspection

   

The compliance officer will identify the records he would like to review during his inspection

 

 

OSHA inspectors are called ________.

Answer

   

inspection officers

   

compliance officers

   

detail officer

   

supervisory enforcement officers

  

The "opening conference" is characterized by all of the following except which one?

Answer

   

The compliance officer will state what specifically he would like to do during the physical inspection.

   

The compliance officer will identify the physical locations he would like to inspect.

   

The compliance officer will state the reason for the inspection.

   

The compliance officer will request no union representative or complainant employee accompany the inspection.

 

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)

  

Which of the following is not a good audit tip to avoid legal pitfalls?

Answer

   

Be prepared to respond in a timely fashion to every hazard identified in the audit.

   

Document every significant step taken to respond to hazards.

   

Neither exaggerate nor understate problems found in the audits.

   

Only destroy audit documents that have no paper trail.

  

When OSHA requests a court to issue a warrant, it must establish what to justify the search?

Answer

   

a relaxed possible cause standard

   

historical record of violations

   

a relaxed probable cause standard

   

none of the above, because it has the right to do so without justification based on Section 8(e)

 

What term is applied to a privilege created by the courts, as opposed to that created by a legislature?

Answer

   

Congressional

   

Presidential

   

Judicial

   

Common Law

 

 

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.

 

 

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.

 

All of the following are exceptions to OSHA's warrant requirements except which one?

Answer

   

plain view

   

emergencies

   

a union contract is in place

   

consent

Briefly outline the purpose, scope, provisions and limitations of OSHAs Voluntary Self-Audit Policy. What are the risks to your company of this approach to achieving a safe work environment?

Please provide approximately 200-300 words and a reference citation for your source material in your response.

  

What are the key points that should be covered during an opening conference, both from the OSHA Inspector and from you, the safety/health/environmental manager?

Please provide approximately 200-300 words and a reference citation for your source material in your response.

 

LASH UNIT TEST
7498

 

 

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

   

if an individual gives advanced notice of an inspection

   

if an employer's willful violation of an OSHA standard results in the death of an employee

   

if an individual or employer knowingly makes any false statement, representation, or certification under the OSH Act

   

if an OSHA designated employee or contractor does not show proper identification upon entering a private company's premises

4 points   

Question 2

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

Answer

   

criminal violation 

   

other than serious violations

   

serious violations

   

willful violations

4 points   

Question 3

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

Answer

   

repeat violations

   

egregious penalty policy

   

willful and serious violations

   

de Maximus violations

4 points   

Question 4

Which of the following is not true regarding judicial review of enforcement actions?

Answer

   

The role of the federal courts under the OSH Act is limited.

   

The courts have concluded that manufacturers do not have standing to appeal a Commission decision on an OSHA violation involving the manufacturer's machinery.

   

An employer may not seek judicial review if it has not followed the required administrative procedures.

   

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

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

   

Section 11 (b)

   

Section 8 (e)

   

Section 6 (b)

   

Section 10 (f)

4 points   

Question 6

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

4 points   

Question 7

A violation can be characterized as ________ meaning that it has "no direct or immediate relationship to safety or health".

Answer

   

inadvertent

   

other than serious

   

de minimis

   

unintentional

4 points   

Question 8

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

   

10 working days

   

15 working days

   

30 working days

   

60 working days

4 points   

Question 9

Which of the following is a false statement?

Answer

   

After the OSHA area director transmits the notice of contest to the Review Commission, an ALJ is assigned to the case.

   

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.

   

Hearings before ALJ's follow trial-type procedures similar to those used in federal court.

   

The Review Commission has assessed penalties on a per-instance basis even when the violations were not willful.

4 points   

Question 10

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)

 

 

 

 

 

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.

 

 

 

 

LASH 6
7493

The link below is the assigned book for the class

http://www.wiley.com/WileyCDA/WileyTitle/productCd-047010953X.html

Please answer these questions and provide a reference in APA format.

Most organizations hire contractors in some capacity, either to aid in production work or to provide ancillary services, such as cleaning, maintenance, remodeling, and food service. Identify the types of contractors used by your current organization or an organization with which you are familiar, and discuss how the contractor’s operations could adversely affect the health and safety of your organization’s employees. What procedures are in place, or should be in place, to prevent any adverse effects?
Your response must be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

Use the flow diagram on page 11 of OSHA Publication 3088, How to Plan for Workplace Emergencies, to determine if your current organization (or an organization with which you are familiar) is required to have an Emergency Action Plan as outlined in 29 CFR 1910.38. If an EAP is required, evaluate the current level of compliance, and provide recommendations for improvement. If your organization is not required to have an EAP, provide an argument as to why one should be established. 

Your response must be at least 300 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.
 

Unit 5 represents the core duties of an EHS leader, pure blocking and tackling to put it into an analogy.  Just like a football team… it doesn’t matter how great the quarterback is, or how impressive the running back is, if the team cannot execute on the fundamentals of blocking and tackling they will never reach their full potential.

Developing a hazard inventory with full evaluations and control systems in place is the pinnacle of what the EHS professional strives for.  Describe to the professor and your friends in the class exactly what systematic method you would implement to insure that all hazards would be identified in your workplace.  How would you go about feeling comfortable that hazards have been discovered?

 

Unit 5 represents the core duties of an EHS leader,

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