IH Legal Aspects White Whale Ch. 3

Question 1

What is the General Duty Clause?

Question 2

What is Tort law?

Question 3

What is the difference between Civil and Criminal law?

Question 4

What is the New Federal Rule 702 related to?

Question 5

What employers can file for an an EZ Trial?

Answer 5

Must have few OSHA citations and under $20K in fines

Question 6

What does the statement ‘Free from Recognized Hazards’ mean?

Question 7

What conditions led to the development of the OSH Act?

Question 8

What is a Notice of Contest?

Question 9

What is Strict Liability?

Question 10

What is ‘Variance’?

Answer 10

It is a process filed by an employer in response to an OSHA citation: they must show that their process do not expose workers to greater risk of injury under their working conditions

Question 11

What is the function of the Occupational Safety and Health Review Commission (OSHRC)?

Answer 11

They hear citation appeals and accept applications for variance to codes

Question 12

What sources of law affect IH professionals?

Answer 12

Federal codes, rules, regulatory agencies

State laws and regulations

Case laws interpreting the above

Question 13

What is the code for the OSHAct?

Answer 13

Title 29, Chapter 15 OSHAct

Question 14

What is the code for EPA?

Answer 14

40 CFR Protection of the Environment

Question 15

What are the two employer obligations under OSHA 29 USC 654?

Answer 15

General Duty Clause and compliance with occupational safety and health standards

Question 16

What is the General Duty Clause

Answer 16

Requires the employer to make workplace free from recognized hazards that could cause death or serious physical harm

Question 17

What is a CSHO

Answer 17

Compliance Safety and Health Officer (OSHA)

Question 18

What is an Imminent Danger situation?

Answer 18

An accident about to happen, or an incident that could cause death or serious injury

Question 19

What is a catastrophic event?

Answer 19

An event that results in the hospitalization of 3 or more employees

Question 20

How is hospitalization defined?

Answer 20

An admission for 24 hours (or more)

Question 21

What is a complaint?

Answer 21

Can be formal or non-formal. Formal complaints usually receive inspections

Question 22

What is a referral

Answer 22

Hazard information from an entity that that receives consideration for inspection by an OSHA regulator

Question 23

What is a follow-up inspection?

Answer 23

An inspection intended to check for abatement of violations

Question 24

Planned/Programmed Inspection

Answer 24

Planned inspections for sites covered under Site Specific Targeting (SST)–usually associated with Emphasis Programs (National, Regional, Local)

Question 25

Can a CSHO provide advanced notice of an inspection?

Answer 25

NO. Can be fined $1000 or imprisoned for 6 months (or both)

Question 26

Must a CSHO present credentials upon arrival at the site?

Answer 26

YES Includes photo and serial number There is no probable cause requirement, and there is a plain view, emergency, and consent exemption for warrant. Most inspections are conducted with consent. And warrants are easy to procure

Question 27

What is an Opening Converence

Answer 27

CSHO explains why workplace selected, describes scope, performs walkthrough, interviews employees/representatives. Authorized employee rep has a right to go along

Question 28

What is a walk-around?

Answer 28

Walk-through of the portion of the workplace covered by the inspection scope (check for hazards/violations)

Question 29

What is a Closing Conference

Answer 29

Meeting between CSHO, employer, and employee representatives to discuss findings and actions

Question 30

What is the Statute of Limitations for OSHA to issue violations

Answer 30

6 months

Question 31

What are the 5 types of OSHA violations

Answer 31

Other than serious Serious Willful Repeated Failure to abate

Question 32

What is the 'Abatement Period'?

Answer 32

The period of time an employer has to correct the hazard, certify correction, notify employees of correction, and send documentation of the correction to workers

Question 33

If any mobile equipment was involved in a violation, what must be done?

Answer 33

A copy of the citation and warning tags must be affixed to the vehicle

Question 34

How long does an employer have file a Notice of Contest?

Answer 34

15 working days (must be in writing)

Question 35

What days does OSH consider to be 'working days'?

Answer 35

M-F, excluding Federal holidays

Question 36

What is the Review Commission?

Answer 36

An administrative court that conducts hearings, receives evidence, and renders decisions through Administrative Law Judges (lifetime appointments)

Question 37

Is an attorney necessary to respond to a Citation?

Answer 37

Nope