Deck 4: Impact of Federal Regulation

Question 1

2.The deadline for appealing an OSHA citation is

A)fifteen working days
B)six months
C)five years
D)never;there is no statutory deadline

Answer 1

A

Question 2

10.OSHA citations are required to be

A)kept confidential
B)posted near where the violation occurred
C)published in the Federal Register
D)none of the above

Answer 2

B

Question 3

7.The "General Duty Clause" prescribes general duties for which of the following parties?

A)OSHA Compliance Officers
B)OSHRC Commissioners
C)employers
D)labor unions

Answer 3

C

Question 4

3.What is the penalty for discrimination against an employee for exercising his rights under the OSHA law?

Question 5

9.The basic structure of the OSHA standards is

A)horizontal
B)vertical

Question 6

19.Employees are required by law to comply with OSHA standards.

Question 7

8.Following proper rulemaking procedures,OSHA is currently permitted to do all of the following except:

A)promulgate new standards
B)issue national consensus standards
C)revise old standards
D)revoke standards

Question 8

12.Annual fines collected due to OSHA citations

A)are less than OSHA's annual budget
B)are approximately equal to OSHA's budget
C)are greater than OSHA's annual budget

Question 9

4.OSHA is authorized to make inspections and issue citations to state agencies and political subdivisions (such as municipalities)of states.

Question 10

18.Which of the following carries no monetary penalty to be paid to OSHA?

A)giving advance notice of an inspection
B)discriminating against an employee for exercising OSHA rights
C)failure to post notices
D)falsifying records

Question 11

16.The Barlow decision

A)exempted small firms from OSHA
B)declared ex post facto standards unconstitutional
C)said that employers may demand a search warrant
D)prohibited the Review Commission from increasing penalties

Question 12

13.The employer has how many days in which to make a decision whether to contest an OSHA citation?

A)5 working days
B)15 working days
C)30 calendar days
D)90 calendar days

Question 13

14.Appeals of citations can be taken through the judicial process all the way to the U.S.Supreme Court.

Question 14

5.Which of the following categories has the highest OSHA inspection priority?

A)imminent danger
B)fatalities and major accidents
C)employee complaints
D)high hazard industries

Question 15

6.Which of the following is a primary function of NIOSH?

A)research
B)enforcement
C)variances
D)appeals

Question 16

1.Variances must be appealed within 15 working days or they become final.

Question 17

17.In which of the following categories of states must state agencies comply with safety and health standards?

A)states which do not have OSHA-approved state plans
B)states which do have OSHA-approved state plans
C)all states
D)no states

Question 18

21.OSHA is prohibited from conducting inspections on the night shift.

Question 19

11.A "de minimus notice" is

A)an emergency citation for imminent danger situations
B)used to indicate minor violations which have no direct relationship to safety or health
C)temporary notice to give the employer a minimum time to correct a violation
D)none of the above

Question 20

20.OSHA recommends new standards to NIOSH.

Question 21

25.Congress extended the "promulgation authority" to what federal agency?

Question 22

22.A construction company may be cited by OSHA

A)only from the Part 1926 Construction standards
B)only from the Part 1910 General Industry standards
C)from both the Part 1926 and 1910 standards
D)none of the above

Question 23

31.What are the two largest institutional sources of national consensus standards?

Question 24

39.Which of the following dates marks the origin of NIOSH?

A)1914
B)1937
C)1944
D)1968

Question 25

35.OSHA does not issue vertical standards.

Question 26

28.The revocation process is exempt from the requirement for promulgation.

Question 27

41.Which of the following agencies no longer exists as such:

A)Department of Health and Human Services (HHS)
B)Department of Labor (DOL)
C)Department of Health,Education,and Welfare (HEW)
D)Bureau of Labor Statistics (BLS)

Question 28

29.Which of the following are subject to requirements of the promulgation process?

A)new standards
B)revision of old standards
C)revocation of standards
D)all of the above
E)none of the above

Question 29

30.Which of the following are not subject to the promulgation process:

A)new standards issued after the Barlow Decision
B)revision of standards at any time
C)blanket revocation of the standards
D)national consensus standards
E)all of the above are exempt from the promulgation process

Question 30

40.NIOSH is a part of which of the following agencies:

A)Department of Health and Human Services (HHS)
B)Department of Labor (DOL)
C)Department of Health,Education,and Welfare (HEW)
D)Bureau of Labor Statistics (BLS)

Question 31

32.What issue generated controversy over the "national consensus" powers extended to OSHA?

Question 32

36.The term "grandfathered" applies most closely to which of the following?

A)NIOSH
B)the General Duty Clause
C)National Consensus Standards
D)the Barlow Decision

Question 33

24.Explain how OSHA can use its enforcement powers to intimidate an employer to take action to safeguard employees when there is no standard in place that addresses the specific hazard in question.

Question 34

34.OSHA's approach to standards is primarily horizontal.

Question 35

23.Which of the following violations is subject to the most severe maximum OSHA penalty?

A)serious violations of standards
B)failure to post a citation
C)falsifying records
D)giving advance notice of an inspection

Question 36

27.Certain entities are exempt from the requirement for promulgation.What are these exempt items called? For what length of time did Congress permit this exemption?

Question 37

33.Prior to OSHA the states issued primarily vertical standards.

Question 38

26.What is meant by the term "promulgation?"

Question 39

38.Which are usually

Question 40

37.Draw a Venn diagram and arbitrarily label the parts to illustrate the applicability of multiple vertical standards.

Question 41

59.What did Congress do in 1990 that added credence to the public conception that OSHA fines were expected to fund OSHA's budget?

Question 42

46.What is the statutory time limit for OSHA to issue a citation for alleged violations of standards?

Question 43

45.A U.S.District Court is the place to

A)file a formal complaint alleging OSHA violations
B)request a variance from an OSHA standard
C)appeal a citation
D)seek an order to remove employees from a hazard area

Question 44

61.What important aspect of an OSHA citation is often overlooked while concentrating on the nature of the violations and the level of the penalties?

Question 45

51.Failure to post notices and citations is

A)classified as a de minimus violation
B)punishable by a fine of up to $7000
C)the issue addressed by the Barlow decision
D)all of the above
E)none of the above

Question 46

49.What three factors are used in a formula by OSHA to compute a reduced penalty in the event of citation?

Question 47

58.Total OSHA fines on an annual basis are

A)generally less than OSHA's annual operating budget.
B)required by Congress to be at least as high as OSHA's operating budget.
C)generally more than OSHA's annual operating budget.
D)required by Congress to be held to no more than OSHA's annual operating budget.

Question 48

44.A formal complaint to OSHA

A)must be signed by the employee
B)must be signed by the employer
C)can be signed "anonymous"
D)does not require signature of any kind

Question 49

47.What is the statutory time limit for OSHA to issue a citation for alleged violation of the General Duty Clause?

Question 50

60.The text quotes an article in the Baltimore Business Journal by Sougata Mukherjee that estimates OSHA's cost to business at somewhat more than

A)$1 billion per year
B)$13 billion per year
C)$33 billion per year
D)$50 billion per year

Question 51

57.Total OSHA fines collected annually are sufficient to fund OSHA's operational budget.

Question 52

55.Where does the money collected from OSHA fines go? Is it earmarked for OSHA's budget?

Question 53

52.Which of the following offenses does not carry a possible prison sentence?

A)serious violations
B)willful violation resulting in death
C)giving advance notice of an inspection
D)falsification of records

Question 54

42.What is the time limit for notifying OSHA when a "major" accident occurs that requires reporting by OSHA?

Question 55

54.What rationale is used to determine which representative of management should be prosecuted for offenses punishable by prison sentences (willful violations resulting in death)?

Question 56

50.The maximum penalty for "willful violation" is

A)greater than for non serious violations but less than for serious violations.
B)the same as for serious violations
C)twice as high as for serious violations
D)ten times as high as for serious violations

Question 57

48.Four-digit SIC industry classifications are compared by OSHA for inspection emphasis,based upon what statistical index?

Question 58

56.OSHA fines are deposited into OSHA's account to help fund inspections.

Question 59

53.What is the penalty for the discrimination against employees for exercising their rights under the OSHA law?

Question 60

43.OSHA has a policy of investigating all major accidents (accidents that require OSHA notification)within what time period?

Question 61

68.The Barlow decision changed which of the following:

A)The rights of employees to retaliate against employers who have discriminated against them for exercising their rights under OSHA.
B)The rights of employers to demand that OSHA produce a court order before proceeding with an inspection.
C)The rights of employers to appeal an OSHA citation all the way to the U.S.Supreme Court.
D)The authority of the Occupational Safety and Health Review Commission to INCREASE a proposed OSHA penalty in addition to the more traditional and accepted authority to reduce it.

Question 62

70.What process can OSHA use to issue a standard in a timely response to an emergency or time-critical situation which exposes employees to grave danger?

Question 63

80.The fatality rate for immigrant workers is not as good as for other workers in the United States.Why might that be?

Question 64

65.After an alleged violation has been affirmed,it is too late for an employer to contact OSHA to request an extension of the abatement period.

Question 65

72.How long do interested parties have to respond to a proposed standard once it has been published in the Federal Register?

A)15 days
B)30 days
C)60 days
D)120 days

Question 66

73.Power press point of operation injuries must be reported to OSHA within 30 days of their occurrence regardless of severity.

Question 67

75.A firm may receive a reduction in penalties for a citation based on the number of employees they have.What is the maximum reduction they can receive based on the number of employees?

A)15%
B)25%
C)30%
D)60%
E)85%

Question 68

69.Can entities other than OSHA mandate standards? If so,name an example.

Question 69

63.OSHA is known to be very reasonable in extending abatement periods if the employer contacts OSHA and gives reasons for a request to extend.

Question 70

74.Power press point of operation injuries must be reported:

A)Within 24 hours
B)Within 15 days
C)Within 30 days
D)On February 1^st during the posting of the OSHA Form 300A

Question 71

79.Does OSHA jurisdiction cover workers who are not United States citizens or legally employed in the United States?

Question 72

78.What is an example of a standard that could conceivably be cited more than once during an inspection?

Question 73

64.It is unwise for the employer to contact OSHA to request an extension of the prescribed abatement period for a violation.

Question 74

71.An Emergency Temporary Standard does not need to be reviewed and promulgated.

Question 75

76.Which of the following are reasons for a reduction in citation penalty?

A)NAICS number
B)Number of Employees
C)Past History
D)Community Participation
E)Good Faith Efforts

Question 76

66.Severe penalties can be assessed by OSHA for employers who request extension of abatement periods before the OSHA officer returns to the facility for a reinspection.

Question 77

62.Abatement periods set by OSHA are not subject to extension.

Question 78

77.Due to double jeopardy,OSHA may not cite a standard for a particular hazard more than once per inspection.

Question 79

67."De minimus" describes

A)the lowest level of compliance considered acceptable to the OSHA enforcement agency
B)a notice,issued in lieu of a citation,for conditions that have no direct or immediate relationship to safety or health
C)a way in which employers give the appearance of complying with standards while sidestepping the real safety and health issues.
D)the procedure used in the informal conference by which OSHA reduces penalties to the lowest possible levels for small employers who have shown good faith in attempting to comply with standards.