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You are an administrative clerk in the Human Resources Department of a construction firm. You are aware that there have been several injuries on the job site in the past two months, some of them serious, and know that reports are supposed to be filed with OSHA reporting serious injuries. The HR manager has been complaining bitterly about OSHA, especially since they have done inspections at your firm's job sites twice in the last year, and has made comments like, "It's none of their damned business if one of our guys is stupid enough to get hurt."  It is one of the tasks of the Assistant HR Manager to file reports of serious job accidents, but she has suddenly resigned.  You are asked to temporarily take her place. You do so, and discover in her desk drawer, paper-clipped together, the reports of serious injury which have been prepared over the past 3 months, but not sent to OSHA.  Considering your duties and your legal protections, which of the following would be your best option? ​


A) send them in an overnight package to OSHA immediately, but say nothing; (maybe they'll think she sent them in)
B) send them in an overnight package to OSHA immediately, but tell the HR Manager that you have sent in the reports so as to comply with the law
C) tell the HR Manager that you found the reports, and ask what he wants you to do; (you know what answer you'll get)

D) A) and B)
E) A) and C)

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Employees who walk off the job due to dangerous conditions may be protected under OSHA (the Act) if:


A) there has been an inspection and OSHA has validated the claim that dangerous conditions exist
B) the employer has been informed of the hazard and does not correct it
C) there is a specific OSHA standard that applies to the hazard
D) there is an imminent threat of serious injury or death which cannot wait for the inspection process

E) A) and D)
F) A) and C)

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A principal objective of the Occupational Safety and Health Act is ____________:


A) compensating employees for injuries and illnesses that occur on the job
B) preventing injuries and illnesses on the job
C) promoting healthier life styles for employees

D) A) and B)
E) All of the above

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Regarding Workers' Compensation, which of the following statements is NOT correct:


A) workers' compensation is always an injured employee's exclusive remedy
B) pursuant to workers' compensation, the employer gives up its right to defend against liability for employee injuries with the Fellow Servant Rule
C) pursuant to workers' compensation, the employer gives up its right to defend against liability for employee injuries with assumption of the risk

D) A) and B)
E) A) and C)

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The OSH Act created two new agencies.

A) True
B) False

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Which of the following is NOT true regarding the enforcement process under OSHA (the Act) ? ​


A) inspectors do not issue citations to employers when they find violations
B) copies of citations received must be posted in the workplace near the sites of the violations
C) employers are not required to correct violations until after their appeals have been decided
D) OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials

E) A) and B)
F) A) and C)

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D

If an OSHA violation is found at a workplace, the employer must post a notice about it near where the violation occurred.

A) True
B) False

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Why is each of the following good legal advice? a.Employers must provide employees with employment and places of employment free from recognized hazards that are causing or likely to cause death or serious physical harm to employees b.Employers must allow OSHA inspectors to enter the workplace and conduct inspections, but can insist that the agency first obtain a warrant c.Firms using workers from contract companies should ensure that those companies have provided workers' compensation for those workers d.Employers should require that employees report all injuries that occur in the workplace as soon after they occur as possible e.Light duty assignments should be available and considered for employees who have been injured on the job and who are not yet capable of performing their regular jobs

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a.OSH Act - general duty clause  
b.U.S...

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A woman wrenched her back participating in a limbo contest on the weekend. Feeling better, she went to work at her job as a secretary on Monday. Lifting a box of copier paper, she experienced severe back pain and needed immediate medical attention. She was off from work for two weeks due to the injury and filed a claim for workers' compensation. If her employer contested the claim, the most likely outcome of the case would be: ​


A) denial of the claim because the injury did not occur in the course of employment ​
B) denial of the claim because, under the usual exertion rule, the injury did not arise out of employment
C) granting of benefits because, under the usual exertion rule, the injury arose out of employment
D) granting of partial benefits due to the pre-existing injury

E) A) and D)
F) A) and C)

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The elements of a specific violation of OSHA regulations include all of the following EXCEPT: ​


A) an applicable standard exists
B) the standard was not complied with
C) one or more employees were injured by the hazard
D) the employer knew or should have known of the hazard

E) A) and C)
F) A) and D)

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Under the OSH Act, a workplace need not be made completely safe, but must be made safe enough.

A) True
B) False

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Only full time employees are covered by workers' compensation programs, not part-time workers or independent contractors.

A) True
B) False

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Which of the following is true of workers' compensation?


A) employees are compensated for workplace injuries and illnesses as long as the employer's negligence played a part
B) experience rating provides employers with a strong incentive to prevent injuries by making the workplace safer
C) because employees are hurt through no fault of their own, workers' compensation is designed to replace all of the income lost due to inability to work
D) employers can always avoid paying workers' compensation if it can be shown that the employee's own careless actions contributed to the injury

E) A) and B)
F) A) and C)

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You work in a large office in the "bullpen," a large open area of desks, chairs and computers, where about 50 people work, separated only by low-level cubicle walls. In this area, several teams of people work together on different projects. Lately, there have been a lot of pranks played by one rowdy team upon another team (not yours) , which have escalated.  Yesterday, someone lowered the seat of a worker's chair while he was out of his cubicle, and when he returned and attempted to sit down, he fell and injured his back. You believe this conduct needs to stop, but management has so far ignored the situation. What should you do and why? ​


A) do nothing; if you report this conduct, you'll be ostracized by your co-workers; besides, its harmless horseplay
B) report the behavior to management, telling them about the potential for more serious injuries, and asking them to take steps to stop it before anyone else is injured
C) report the behavior to OSHA, and ask for an inspection; OSHA can't reveal your name, so no one will know (though the company may get in trouble)

D) A) and B)
E) A) and C)

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B

Which of the following agencies was NOT created by the Occupational Safety and Health Act? ​


A) The Occupational Safety & Health Administration
B) The Occupational Safety & Health Review Commission
C) The National Institute of Occupational Safety & Health
D) The National Institute of Mental Health

E) A) and B)
F) None of the above

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Ergonomic hazards _______________:


A) are partially addressed by OSHA's ergonomics standard
B) have been addressed under the general duty clause
C) are not currently regulated due to inadequate knowledge of their causes
D) are not currently regulated because ergonomics is not a recognized and authoritative field

E) All of the above
F) None of the above

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In R. Williams Construction Co. v OSHRC, a trench collapsed at a construction site, killing one worker, and severely injuring another. A hydraulic jack supporting the wall had been removed, and the walls of the trench were not sloped, as required by OSHA regulations. The construction firm argued that, although it did not know what the OSHA requirements were, its employees had much work experience and common sense, and they talked about safety "all the time." The OSHRC ruled: ​


A) for the employer, because of the several years of experience of its workers
B) for the employer, because the employees frequently talked about safety
C) for the workers, because there was a death and a serious injury
D) for the workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

E) B) and D)
F) None of the above

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Workers' compensation requires that for an injured employee to be eligible for benefits, they must be injured arising out of and in the course of employment.  Questions frequently arise when the injury is caused by the employee's misconduct or the misconduct of a fellow worker.  Discuss how employee misconduct is looked at when determining whether an injured employee is eligible for benefits. ​

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In general, an employee who through thei...

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The least effective thing an employer can do to avoid OSHA violations is:


A) take steps to prevent workplace injuries
B) create a comprehensive workplace safety program
C) anticipate workplace hazards, and take steps to prevent them
D) address workplace hazards as soon as possible after they occur

E) A) and C)
F) A) and B)

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Regarding OSHA inspections, which of the following statements is NOT correct?


A) most enforcement actions derive from employee complaints and OSHA inspections
B) most inspections are unannounced
C) if an emergency exists, OSHA has the right to enter a workplace without a warrant
D) OSHA routinely visits each workplace annually

E) B) and D)
F) C) and D)

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D

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