Environmental Science Homework Help

Environmental Science Homework Help Question

Q uestion

LASH 6

Description:

 

 

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.

 

 

 

 



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    Environmental Science Homework Help

    Submitted by PROFSTAN on April 26th, 2016 11:27

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