Question 1

OSHA's occupational safety and health standards are enforced through:

Accepted Answer

OSHA's occupational safety and health standards are enforced through physical inspections of workplaces. Inspectors visit worksites, review records and interview workers to ensure that employers are complying with OSHA regulations.

Question 2

A technical violation, but so insignificant as to require no fine or remediation, is a(n) _____ violation.

Accepted Answer

A de minimis violation is a technical violation that is so minor or insignificant that it does not warrant any fine or remediation.

Question 3

In the first months of his presidency, President Barack Obama pledged to step up federal enforcement of:

Accepted Answer

In the first months of his presidency, President Barack Obama pledged to step up federal enforcement of workplace safety through the Occupational Safety and Health Administration (OSHA), which is responsible for ensuring safe and healthy working conditions for American workers.

Question 4

When a de minimis citation and proposed penalty are contested, the employer has an absolute defense to the citation if it can prove that:

Accepted Answer

If an employer can prove that compliance with a standard is impossible, they have an absolute defense to the de minimis citation and proposed penalty. This means that the citation and penalty will be dismissed.

Question 5

Which of the following is not an option for a compliance officer in the event of an employer refusing entry for inspection?

Accepted Answer

An indictment warrant is a tool used in criminal proceedings, not for enforcing compliance inspections. Compliance officers can seek an inspection warrant through legal means (ex parte application) or limit the inspection to non-objected areas, but they cannot issue indictment warrants.

Question 6

In _____, the court held that the Occupational Safety and Health Administration was precluded from exerting its jurisdiction over offshore oil platforms because of the coverage by the Coast Guard and the Geological Survey.

Accepted Answer

The answer of In _____, the court held that the...

Question 7

The National Institute of Occupational Safety and Health (NIOSH) is an agency created to cater to:

Accepted Answer

NIOSH's primary objective is to conduct research and make recommendations for the prevention of work-related injury and illness.

Question 8

The Occupational Safety and Health Review Commission is a(n) _____ created to adjudicate contested enforcement actions of OSHA.

Accepted Answer

The Occupational Safety and Health Review Commission is a quasi-judicial agency created to adjudicate contested enforcement actions of OSHA. As a quasi-judicial agency, it has the power to hear and resolve disputes, but it is not a court in the traditional sense.

Question 9

In Herbert v. Altimeter, Inc., the employee-plaintiff claimed she had been fired in retaliation for:

Accepted Answer

The employee-plaintiff claimed she had been fired in retaliation for making safety complaints, requesting a reasonable accommodation, and filing a workers' comp claim. Therefore, all of the above options apply.

Question 10

In Marshall v. Barlow's Inc., the Supreme Court held that an employer subject to an OSHA inspection may insist upon a(n):

Accepted Answer

In Marshall v. Barlow's Inc., the Supreme Court held that an employer can refuse entry to OSHA inspectors without a search warrant. Therefore, the employer may insist upon a search warrant before allowing an OSHA inspection.

Question 11

_____ is/are the second leading cause of fatal occupational injury in the United States.

Accepted Answer

Homicide is the second leading cause of fatal occupational injury in the United States, according to the Bureau of Labor Statistics. Accidents are the leading cause. Burnout and contagion are not related to occupational injuries.

Question 12

In addition to being granted the right to a workplace free from recognized hazards, employees under the Occupational Safety and Health Act are protected from:

Accepted Answer

The Occupational Safety and Health Act includes protection from retaliation, such as being fired or demoted, for reporting safety concerns or filing a complaint with OSHA. The other options (B, C, and D) are not related to employee protections under this act.

Question 13

Employees should attempt to have the employer correct the hazardous condition before exercising their:

Accepted Answer

Employees have the right to refuse work that they reasonably believe is dangerous or poses a threat to their health and safety. However, before exercising this right, employees should attempt to have the employer correct the hazardous condition.

Question 14

The Occupational Safety and Health Act does not apply to the federal and state governments in their capacity as employers, nor does it apply to domestic servants or:

Accepted Answer

The Occupational Safety and Health Act does not apply to self-employed persons, as they are not considered employees of an organization. It does apply to supervisors, negotiators, and arbitrators, as they may still be employed by an organization and thus fall under the OSHA regulations.

Question 15

Which of the following is not true of the recordkeeping requirement under the Occupational Safety and Health Act?

Accepted Answer

Employers are not specifically required to provide health and safety records to the union. However, they must allow union representatives to participate in workplace inspections and have access to the records in order to represent the interests of the employees.

Question 16

In Chao v. Gunite Corp., citations were issued for violations of:

Accepted Answer

Citations were issued for violations of occupational safety and health regulations.

Question 17

According to the study released by professors at Tulane University and the University of California at Berkeley, which of the following is not true of illegal immigrants?

Accepted Answer

The correct answer is D because, under federal labor law, there is no requirement for employers to maintain separate records on health and safety specifically for illegal migrants. The laws regarding health and safety protections apply to all workers, regardless of their immigration status, without necessitating separate documentation for illegal immigrants.

Question 18

The feasibility of a standard must be examined from two perspectives: _____ feasibility and _____ feasibility.

Accepted Answer

Technological feasibility refers to whether or not the required technology to implement the standard is available and practical. Economic feasibility refers to whether or not the benefits of implementing the standard outweigh the costs. Both of these perspectives are important to consider when evaluating the feasibility of a standard.

Question 19

_____ variances are granted when the employer establishes by a preponderance of the evidence that its particular procedures provide as safe and healthful a workplace as the Occupational Safety and Health Act standards would provide.

Accepted Answer

Permanent variances are granted when an employer can demonstrate that their specific safety procedures are as effective as the standards set by the Occupational Safety and Health Act, thus ensuring a workplace that is equally safe and healthy.

Question 20

The authority to promulgate occupational safety and health standards through the Occupational Safety and Health Administration (OSHA) is granted to the:

Accepted Answer

The authority to promulgate occupational safety and health standards through the Occupational Safety and Health Administration (OSHA) is granted to the Secretary of Labor.

Quiz 20: Occupational Safety and Health