Question 1
State Supreme
Supreme Court
Federal Circuit
State Appeals
4 pWhat court has exclusive jurisdiction to hear appeals of final orders of the Commission?
oints
Question 2
Which of the following is not true?
Section 11 (a) of the OSH Act authorizes employees and employee representatives to formally challenge the time permitted for an employer to abate a violation or unsafe workplace condition.
Employees have a right to participate in an inspection.
Section 11 (a) (3) of the OSH Act requires employers to allow employees or their representatives to observe the sampling or monitoring of hazards in the workplace.
Section 8 (c) of the OSH Act and its implementing regulations require employers to keep and maintain a variety of records, including records of workplace injuries and fatalities.
4 points
Question 3
Section 7 of the NLRA is most often applied to protect union organizational efforts; it also prohibits an employer from what action, and was tested under what “seminal” case?
Shifting burden of authority to contractors, under Donovan v. Freeway Construction Co.
Disciplining employees for whistleblowing, under Secretary of Labor v. HMS Direct Mail
Disciplining employees for engaging in concerted activity to protest unsafe working conditions, under NLRB v. Washington Aluminum
Preventing union meetings from occurring on company property, under UAW v. Ford Motor Co.
4 points
Question 4
What section of the OSH Act prohibits discrimination against an employee because he or she has taken part in any legal proceeding brought under the OSH Act?
29 CFR 1977.15 (d)
29 USC 151
29 USC 660 (c)
436 U.S. 307
4 points
Question 5
Which of the following is not true regarding The HAZCOM Standard?
The standard can best be described in one word: action.
The standard regulates employers whose employees come into contact with hazardous chemicals at the workplace.
The standard is codified at 29 CFR Part 1910.
The standard does provide protection for some trade secrets.
4 points
Question 6
Which of the following is false regarding inspections and warrants?
Marshall v. Barlow’s Inc. interpreted Section 8 (a) as requiring either a warrant or the employer’s consent to the inspection.
The employer may insist on a warrant at any time-even after he or she has consented initially to a search.
Warrants can be broad or narrow in scope, and the employer may insist that the inspection of its premises be limited to those areas or workplaces specified in the warrant.
Under a wide-ranging, broad set of circumstances, OSHA has the authority to enter and inspect a worksite without obtaining a warrant or the employer’s express consent.
4 points
Question 7
Under the GHS, labels must contain more detailed information than is presently required under the HCS. Which of the following forms of information are not required under the GHS?
Supplier identification
Precautionary statements and pictograms
Signal words and product identifiers
Packaging guidelines and cost benefit analysis of hazard potential
4 points
Question 8
Which of the following is true regarding complaints?
OSHA must provide a copy of the complaint to the employer no later than 30 days after the time of inspection.
The employee must sign all complaints.
OSHA need not withhold the identity of the employee filing the complaint.
Employees may seek a writ of mandamus if they believe the Secretary of Labor has wrongly declined to seek a permanent restraining order to abate an imminent hazard.
4 points
Question 9
When are employers entitled to receive a copy of the complaint submitted by an employee or employee representative?
At the time credentials are presented
At the close of the inspection
No later than at the time of inspection
Employers are not entitled to receive a copy of the complaint
4 points
Question 10
Under certain circumstances, employers can request OSHA protect proprietary and sensitive business information that they submit to the agency. What case found that an employer could demand that OSHA obtain a subpoena or warrant before providing access to records?
Associated Indus. Of New York State, Inc. v. U.S. Dept. of Labor
McLaughlin v. Kings Island
Marshall v. Barlow’s Inc.
Lake Butler Apparel Co. v. Secretary of Labor
4 points
Question 11
Describe and discuss the employee rights under the OSH Act and its implementing regulations.
Provide approximately 200-300 words in your response and a citation for your source material.
30 points
Question 12
Summarize the federal statutes that protect an employee, under certain circumstances, from being discharged or disciplined for refusing to perform an assigned task.
Provide approximately 200-300 words in your response and a citation for your source material. Cite some case law in your response.
30 points
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