New And Precise LASH 6

New And Precise LASH 6

UNIT 6 The answers are found in chapters 11, 12, and 13 0f attached pdf book

 

1. In the OSHA area, the applicability of criminal charges is restricted to narrow circumstances. Which of the following is not one of those circumstances?

Answer

    if an individual gives advanced notice of an inspection
    if an employer’s willful violation of an OSHA standard results in the death of an employee
    if an individual or employer knowingly makes any false statement, representation, or certification under the OSH Act
    if an OSHA designated employee or contractor does not show proper identification upon entering a private company’s premises

4 points   

Question 2

1.

Which of the following is not a standard citation for an OSHA violation?

Answer

    criminal violation
    other than serious violations
    serious violations
    willful violations

4 points   

Question 3

1.

What is it known as when OSHA issues a separate citation for each instance of a violation?

Answer

    repeat violations
    egregious penalty policy
    willful and serious violations
    de Maximus violations

4 points   

Question 4

1.

Which of the following is not true regarding judicial review of enforcement actions?

Answer

    The role of the federal courts under the OSH Act is limited.
    The courts have concluded that manufacturers do not have standing to appeal a Commission decision on an OSHA violation involving the manufacturer’s machinery.
    An employer may not seek judicial review if it has not followed the required administrative procedures.
    A court of appeals does not have jurisdiction to consider the constitutionality of the OSH Act during an appeal of a final Commission order.

4 points   

Question 5

1.

Under what section of the OSH Act authorizes the Secretary of Labor to seek judicial review of a final Commission order [29 U.S.C. § 660(b)] ?

Answer

    Section 11 (b)
    Section 8 (e)
    Section 6 (b)
    Section 10 (f)

4 points   

Question 6

1.

In what case did the court overturn a Commission decision on grounds that the decision was speculative and not supported by substantial evidence in the record?

Answer

    CH2M Hill v. OSHRC
    Penn-Dixie v. OSHRC
    Oil, Chem. & Atomic Workers v. OSHRC
    Austin Road v. OSHRC

4 points   

Question 7

1.

A violation can be characterized as ________ meaning that it has “no direct or immediate relationship to safety or health”.

Answer

    inadvertent
    other than serious
    de minimis
    unintentional

4 points   

Question 8

1.

If a settlement agreement cannot be reached with the OSHA Area Director, a Notice of Contest of the citation or penalty must be filed with the Secretary of Labor within what period of time to preserve any right to challenge the citation?

Answer

    10 working days
    15 working days
    30 working days
    60 working days

4 points   

Question 9

1.

Which of the following is a false statement?

Answer

    After the OSHA area director transmits the notice of contest to the Review Commission, an ALJ is assigned to the case.
    Regarding intent to contest a citation by an employer to OSHA, oral notice is sufficient if it is communicated within 15 days after receiving the citation.
    Hearings before ALJ’s follow trial-type procedures similar to those used in federal court.
    The Review Commission has assessed penalties on a per-instance basis even when the violations were not willful.

4 points   

Question 10

1.

What section of the OSH Act provides that any party adversely affected by an OSHA standard may seek pre-enforcement judicial review by filing a petition prior to 60 days after promulgation of the final rule?

Answer

    Section 6 (f)
    Section 8 (e)
    Section 8 (c)
    Section 7 (f)

 

 

 

 

 

Discuss and assess the potential for multiplied penalties for egregious violations.

 

Provide approximately 200-300 words in your response and a citation for your source material.

 

 

 

 

 

What are the important findings in Austin Road Co. v. OSHRC and Builders Steel Co. v. Marshall?

 

Provide approximately 200-300 words in your response and a citation for your source material

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