Question 1: The preemption principle applies to _______.
- general standards only
- Part 1910 over Part 1920
- even to standards within an industry-specific part
- EPA Hazardous Waste Regulations
Question 2: All of the following are industry specific "parts" in Title 29 CFR except which one?
- Part 1928 - Agriculture
- Part 1918 - Longshoring and Part 1917 - Marine Terminals
- Part 1931 - Shipyards
- Part 1926 - Construction
Question 3: All of the following exceptions to presumption of a work relationship exist under the new 2002 regulations, causing a significant aggravation of a pre-existing condition workplace event or exposure, thereby making the case work-related except which one?
- cold or flu
- personal tasks outside working hours
- motor vehicle accident in parking lot/access road during commute
- lifting/straining low back injury from handling floor to head height shelving
Question 4: Regarding the replacement of the General Duty Clause with OSHA Standards, all of the following, except which one, are examples of the Field Operations Manual instructions to OSHA inspectors? "The General Duty Clause:
shall not be used when a standard applies to a hazard."
shall not be used to enforce "should" (voluntary consensus) standards."
shall not normally be used to cover categories of hazards exempted by a standard."
shall not be used to impose a more lenient requirement than that required by the standard."
Question 5: That area surrounding the violative condition that presents the danger to employees, which the standard is intended to prevent, is known as the _______.
Hot Zone
Red Zone
HazCom Zone
Zone of Danger
Question 6: Which of the following Safety Standards does not match up with its Recordkeeping requirement?
Lockout/Tagout, 1910.147; Manlifts, 1910.95; Electrical Work, 1910.333
Respirators, 1910.134; Overhead Cranes, 1910.179
Shipyards, 1915.7 (a)(2); Derricks, 1910.181
Excavations, 1926.652; Brazing, 1910.255
Question 7: Which of the following is not a part of the new 2002 Recordkeeping regulations regarding employee involvement?
Employees are allowed to access the 301 forms to review records of their own injuries and illnesses.
Employers are not allowed to withhold descriptive information about sensitive injuries in cases where not doing so would disclose the employee's identity.
Employers are required to remove employees' names before providing injury and illness data to persons who do not have access rights under the rule.
Employers are required to establish a procedure for employees to report injuries and illnesses and to tell the employees how to report.
Question 8: The General Duty Clause allows inspectors to cite employers for exposing employees to a recognized hazard that:
has not been specifically addressed in the regulations.
has been specifically addressed in the following guidelines and regulations: NIOSH, NEPA, EPA Hazardous Waste Regulations.
exceeds the bounds of reasonable cost-benefit analysis.
falls under Section 8 of the OSH Act.
Question 9: How did the rules of liability change regarding "to whose employee does the duty run"?
The Second Circuit established a new series of affirmative defenses and an expanded liability rule in 1975.
An older, narrower liability rule was affirmed by the Second Circuit in 1975.
The multi-employer worksite liability rules were abolished.
General construction contractors were excluded from the question.
Question 10: Which of the following is false concerning the employer's substantive affirmative defenses?
A citation may be vacated if the employer proves that an alternative method of protection was used.
In considering the infeasibility defense, courts have concluded that it encompasses both technological and economic factors.
The commission has held that employers need not strictly comply with a standard, to the extent that compliance would create greater hazards than non-compliance would.
The commission requires the employer show two elements of proof that he required his employees to take protective measures to comply with the standard.
Question 11: Define and discuss the defenses that an employer may raise to a citation. Give some examples of case law in your response.
Question 12: Your response should contain approximately 200-300 words. Explain and discuss how the 2002 recordkeeping rules affect issues dealing with specific disorders and other issues (i.e. privacy, access, fatalities, etc.).