Deck 15: Occupational Safety and Health

Question 1

You work in a large office in the bullpen, a large open area of desks, chairs and computers, where about 50 people work, separated only by low-level cubicle walls. In this area, several teams of people work together on different projects. Lately, there have been a lot of pranks played by one rowdy team upon another team (not yours), which have escalated. Yesterday, someone lowered the seat of a worker s chair while he was out of his cubicle, and when he returned and attempted to sit down, he fell and injured his back. You believe this conduct needs to stop, but management has so far ignored the situation. What should you do and why?

A) do nothing; if you report this conduct, you ll be ostracized by your co-workers; besides, its harmless horseplay
B) report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it
C) report the behavior to OSHA, and ask for an inspection; OSHA can t reveal your name, so no one will know (though the company may get in trouble)

Answer 1

B

Question 2

Regarding Workers Compensation, which of the following statements is correct:

A) generally, workers compensation is an injured employee s exclusive remedy
B) pursuant to workers compensation, the employer gives up its right to defend against liability for employee injuries with the Fellow Servant Rule
C) pursuant to workers compensation, the employer gives up its right to defend against liability for employee injuries with assumption of the risk
D) none of the above is correct
E) all of the above are correct

Answer 2

E

Question 3

The best thing an employer can do to avoid OSHA violations is:

A) take steps to prevent workplace injuries
B) create a comprehensive workplace safety program
C) be proactive in assessing workplace hazards
D) all of these

Answer 3

D

Question 4

Which of the following is true of OSHA s permanent standards?

A) they must be followed without exception
B) they apply to firms in all industries
C) they are adopted only after a lengthy process of public hearings and documentation
D) all of the above
E) none of the above

Question 5

In R. Williams Construction Co. v OSHRC, a trench collapsed at a construction site, killing one worker, and severely injuring another. A hydraulic jack supporting the wall had been removed, and the walls of the trench were not sloped, as required by OSHA regulations. The construction firm argued that, although it did not know what the OSHA requirements were, its employees had much work experience and common sense, and they talked about safety all the time. The OSHRC ruled:

A) for the employer, because of the several years of experience of its workers
B) for the employer, because the employees frequently talked about safety
C) for the workers, because there was a death and a serious injury
D) for the workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

Question 6

Employees who walk off the job due to dangerous conditions may be protected under OSHA (the Act) if:

A) there has been an inspection and OSHA has validated the claim that dangerous conditions exist
B) the employer has been informed of the hazard and does not correct it
C) there is a specific OSHA standard that applies to the hazard
D) all of the above
E) none of the above

Question 7

Which of the following is NOT true regarding the enforcement process under OSHA (the Act)?

A) inspectors do not issue citations to employers when they find violations
B) copies of citations received must be posted in the workplace near the sites of the violations
C) employers are not required to correct violations until after their appeals have been decided
D) OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials

Question 8

Your office is being expanded, which is good, but the noise of construction is bothering some workers. Some complain of headaches, others of hearing problems. If you are the Safety Director for the firm, which of the following would you recommend as the best remedy?

A) the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site
B) the construction firm should be ordered to work more quietly
C) those who are suffering from hearing problems and headaches should go home
D) all of these

Question 9

Which of the following agencies was NOT created by the Occupational Safety and Health Act?

A) The Occupational Safety Health Administration
B) The Occupational Safety Health Review Commission
C) The National Institute of Occupational Safety Health
D) The National Institute of Mental Health

Question 10

By law, employers must arrange workers compensation coverage for their employees. They may do this by any of the following except:

A) contributing to state workers compensation funds
B) contributing to federal workers compensation funds
C) self insuring
D) purchasing coverage from private insurers
E) any of the above methods would be acceptable

Question 11

Which of the following is an element needed to establish a violation of the general duty clause?

A) a potential hazard exists which was known in the industry
B) the employer acted with intent in allowing the hazard to exist
C) feasible means exist to abate the hazard
D) all of the above
E) none of the above

Question 12

The elements of a specific violation of OSHA regulations include all of the following EXCEPT:

A) an applicable standard exists
B) the standard was not complied with
C) one or more employees were injured by the hazard
D) the employer knew or should have known of the hazard

Question 13

Regarding OSHA inspections, which of the following statements is NOT correct?

A) most enforcement actions derive from employee complaints and OSHA inspections
B) most inspections are unannounced
C) if an emergency exists, OSHA has the right to enter a workplace without a warrant
D) OSHA routinely visits each workplace annually
E) none of the above

Question 14

Which of the following is true regarding safety and health inspections?

A) inspection sites are always chosen at random
B) OSHA has the authority to enter and inspect all workplaces, regardless of employer objections
C) in about half of the states, inspections are conducted by state agencies rather than by OSHA
D) all of the above
E) none of the above

Question 15

A principal objective of the Occupational Safety and Health Act is ____________:

A) compensating employees for injuries and illnesses that occur on the job
B) preventing injuries and illnesses on the job
C) promoting healthier life styles for employees
D) all of the above
E) none of the above

Question 16

Ergonomic hazards _______________:

A) are partially addressed by OSHA s ergonomics standard
B) have been addressed under the general duty clause
C) are not currently regulated due to inadequate knowledge of their causes
D) are not currently regulated because ergonomics is not a recognized and authoritative field
E) none of the above

Question 17

You are an administrative clerk in the Human Resources Department of a construction firm. You are aware that there have been several injuries on the job site in the past two months, some of them serious, and know that reports are supposed to be filed with OSHA reporting serious injuries. The HR manager has been complaining bitterly about OSHA, especially since they have done inspections at your firm s job sites twice in the last year, and has made comments like, It s none of their damned business if one of our guys is stupid enough to get hurt. It is one of the tasks of the Assistant HR Manager to file reports of serious job accidents, but she has suddenly resigned. You are asked to temporarily take her place. You do so, and discover in her desk drawer, paper-clipped together, the reports of serious injury which have been prepared over the past 3 months, but not sent to OSHA. Considering your duties and your legal protections, which of the following would be your best option?

A) send them in an overnight package to OSHA immediately, but say nothing; (maybe they ll think she sent them in)
B) send them in an overnight package to OSHA immediately, but tell the HR Manager that you have sent in the reports so as to comply with the law
C) tell the HR Manager that you found the reports, and ask what he wants you to do; (you know what answer you ll get)

Question 18

Which of the following is true of workers compensation?

A) employees are compensated for workplace injuries and illnesses as long as the employer s negligence played a part
B) experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer
C) because employees are hurt through no fault of their own, workers compensation is designed to replace all of the income lost due to inability to work
D) employers can always avoid paying workers compensation if it can be shown that the employee s own careless actions contributed to the injury
E) none of the above

Question 19

A woman wrenched her back participating in a limbo contest on the weekend. Feeling better, she went to work at her job as a secretary on Monday. Lifting a box of copier paper, she experienced severe back pain and needed immediate medical attention. She was off from work for two weeks due to the injury and filed a claim for workers compensation. If her employer contested the claim, the most likely outcome of the case would be:

A) denial of the claim because the injury did not occur in the course of employment
B) denial of the claim because, under the usual exertion rule, the injury did not arise out of employment
C) granting of benefits because, under the usual exertion rule, the injury arose out of employment
D) granting of partial benefits due to the pre-existing injury

Question 20

Which of the following is true of OSHA reporting and recording requirements?

A) employers with fewer than 50 employees are generally exempt from recording injuries and illnesses
B) all injuries or illnesses must be reported to OSHA within 6 days of their occurrence
C) injuries that result in death or the hospitalization of three or more employees must be reported to OSHA within 8 hours of their occurrence
D) all of the above
E) none of the above