Question 1

In R.Williams Construction v.OSHA,where Williams was fined for safety violations that resulted in the death of a worker,the appeals court held that the agency had violated the company's rights by not allowing it to present evidence that backed its position.

Accepted Answer

The appeals court did not find that OSHA violated the company's rights; instead, it upheld the fine, emphasizing the importance of workplace safety regulations.

Question 2

Workers' compensation began as a program in several states before it was taken over by the federal government.

Accepted Answer

Workers' compensation is a state-level program, and it has not been taken over by the federal government. However, the federal government does provide workers' compensation benefits to federal employees through the Federal Employees' Compensation Act (FECA).

Question 3

OSHA inspectors must follow rigid guidelines that give them little discretion;to do otherwise allows discriminatory treatment that has been held illegal.

Accepted Answer

OSHA inspectors have some level of discretion in their inspections and enforcement actions, allowing them to adapt to the specific circumstances of each workplace. This flexibility is necessary to effectively address the wide range of safety and health issues across different industries.

Question 4

Workers' compensation is a no-fault insurance system.

Accepted Answer

Workers' compensation is a no-fault insurance system, which means that injured employees are entitled to benefits regardless of who was responsible for the accident that caused their injuries. This system is in place in order to provide wage replacement, medical treatment, rehabilitation, and other benefits to employees who are injured on the job.

Question 5

Under the hazard communication standard,an employer must develop a written hazard communication program.

Accepted Answer

According to the OSHA Hazard Communication Standard, employers are required to develop and implement a written Hazard Communication Program.

Question 6

Workers who are injured at work due to their employer's negligence may collect workers' compensation benefits and sue in tort.

Accepted Answer

Workers' compensation is typically an exclusive remedy, meaning that if workers accept workers' compensation benefits from their employer, they generally cannot sue their employer in tort for negligence.

Question 7

Penalties that employers may be assessed for violations of OSHA regulations may not exceed $1000 per day.

Accepted Answer

Penalties that employers may be assessed for violations of OSHA regulations can exceed $1000 per day, depending on the seriousness of the violation.

Question 8

In R.Williams Construction v.OSHA,where Williams was fined for safety violations that resulted in the death of a worker,the appeals court held unless prison time is part of a penalty,it cannot review agency decisions.

Accepted Answer

The statement in the question is false. The appeals court held that it could not review agency decisions if the proposed penalty includes prison time, but it could review penalties that did not include prison time.

Question 9

Workers who are injured at work due to their own negligence do not collect workers' compensation benefits.

Accepted Answer

Workers' compensation benefits are meant to cover work-related injuries and illnesses regardless of who is at fault, including injuries caused by the worker's own negligence. However, there are some exceptions such as injuries caused by the worker's intoxication or intentional self-harm.

Question 10

Under the hazard communication standard,an employer must place all toxic and explosive chemicals in a facility detached from the main workplace.

Accepted Answer

The hazard communication standard (HCS) requires employers to provide information about hazardous chemicals in the workplace to their employees through labels, safety data sheets (SDSs), and training. It does not require employers to detach toxic and explosive chemicals from the main workplace. Instead, it mandates the use of appropriate labeling and storage procedures, as well as training on the safe handling and use of chemicals.

Question 11

In workers' compensation cases,the employer is shielded from tort liability.

Accepted Answer

In most cases, the employer is shielded from tort liability in workers' compensation cases as part of the "exclusive remedy" provision. This means that employees who suffer work-related injuries or illnesses are generally limited to receiving benefits through the workers' compensation system, rather than being able to sue their employer for negligence or other tort claims.

Question 12

Every safety violation found by OSHA inspectors must be reported.

Accepted Answer

Not every safety violation found by OSHA inspectors must be reported. Some minor violations can be corrected immediately in the presence of the inspector without a formal report.

Question 13

A main objective of the workers' compensation system is to increase the role of lawyers and expert witnesses.

Accepted Answer

The main objective of the workers' compensation system is actually to provide benefits to injured workers without requiring them to prove fault or negligence on the part of their employer. The system is designed to be a no-fault system and minimize the need for legal representation and expert testimony.

Question 14

Workers' compensation was created by the federal government to deal with problems of injured workers during the 1933 coal strikes.

Accepted Answer

Workers' compensation was actually created at the state level in the early 1900s. It was meant to provide a no-fault system for compensating workers who were injured on the job.

Question 15

Penalties for violations of OSHA regulations may run into the millions of dollars.

Accepted Answer

OSHA penalties can range from hundreds to thousands or even millions of dollars depending on the severity of the violation.

Question 16

Violations of OSHA regulations are civil,there are no criminal penalties.

Accepted Answer

Violations of OSHA regulations can lead to both civil and criminal penalties, depending on the severity of the violation and the resulting harm or injury.

Question 17

Employers may not punish workers who exercise rights guaranteed to them by OSHA.

Accepted Answer

This is known as retaliation and is against the law. OSHA enforces anti-retaliation protections for workers who report workplace hazards or violations of federal laws related to workplace safety and health.

Question 18

In R.Williams Construction v.OSHA,where Williams was fined for safety violations that resulted in the death of a worker,the appeals court held that the agency had sufficient justification for its decision.

Accepted Answer

The statement correctly summarizes the holding of the appeals court in R. Williams Construction v. OSHA.

Question 19

Under the hazard communication standard,an employer with toxic and explosive chemicals on the premises must have an ambulance available within five minutes.

Accepted Answer

The hazard communication standard requires employers to provide emergency medical services for all employees exposed to hazardous chemicals, but does not specify a specific response time or require employers to have an ambulance on the premises. Employers must also have a written emergency action plan and provide training to employees on how to respond to chemical emergencies.

Question 20

Workers' compensation was first adopted in the U.S.in Wisconsin in 1911.

Accepted Answer

Wisconsin was the first state to adopt a workers' compensation law in 1911, which served as a model for other states to follow.

Quiz 16: Employment and Labor Regulations