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CHAPTER 4 SAMPLE QUIZ QUESTIONS
4.1. Variances must be appealed within 15 working days or they become final.
4.2. The deadline for appealing an OSHA citation is
a. fifteen working days
b. six months
c. five years
d. never; there is no statutory deadline
ref. p. 98
4.3. What is the penalty for discrimination against an employee for exercising his
rights under the OSHA law?
4.4. OSHA is authorized to make inspections and issue citations to state agencies
and political subdivisions (such as municipalities) of states.
4.5. Which of the following categories has the highest OSHA inspection priority?
a. imminent danger
b. fatalities and major accidents
c. employee complaints
d. high hazard industries
ref. p. 94
4.6. Which of the following is a primary function of NIOSH?
a. research
b. enforcement
c. variances
d. appeals
ref. p. 93
4.7. The "General Duty Clause" prescribes general duties for which of the following
parties?
a. OSHA Compliance Officers
b. OSHRC Commissioners
c. employers
d. labor unions
ref. p. 89
4.8. Following proper rulemaking procedures, OSHA is currently permitted to do all of
the following except:
a. promulgate new standards
b. issue national consensus standards
c. revise old standards
d. revoke standards
ref. p. 90
4.9. The basic structure of the OSHA standards is
a. horizontal
b. vertical
ref. p. 91
4.10. OSHA citations are required to be
a. kept confidential
b. posted near where the violation occurred
c. published in the Federal Register
d. none of the above
ref. p. 94
4.11. A "de minimus notice" is
a. an emergency citation for imminent danger situations
relationship to safety or health
c. temporary notice to give the employer a minimum time to correct a
violation
d. none of the above
ref. p. 96
4.12. Annual fines collected due to OSHA citations
a. are less than OSHA's annual budget
b. are approximately equal to OSHA's budget
c. are greater than OSHA's annual budget
ref. p. 98
4.13. The employer has how many days in which to make a decision whether to
contest an OSHA citation?
a. 5 working days
b. 15 working days
c. 30 calendar days
d. 90 calendar days
ref. p. 98
4.14. Appeals of citations can be taken through the judicial process all the way to the
U.S. Supreme Court.
4.15. The only safe way to discriminate against an employee for complaining to OSHA
is
a. to terminate the employee
b. to refuse to promote the employee
c. to wait until the employee has voluntarily quit
d. never
ref. p. 99
4.16. The Barlow decision
a. exempted small firms from OSHA
b. declared ex post facto standards unconstitutional
c. said that employers may demand a search warrant
d. prohibited the Review Commission from increasing penalties
ref. p. 94
4.17. In which of the following categories of states must state agencies comply with
safety and health standards?
a. states which do not have OSHA-approved state plans
b. states which do have OSHA-approved state plans
c. all states
d. no states
ref. p. 101-102
4.18. Which of the following carries no monetary penalty to be paid to OSHA?
a. giving advance notice of an inspection
b. discriminating against an employee for exercising OSHA rights
c. failure to post notices
d. falsifying records
ref. p. 99
4.19. Employees are required by law to comply with OSHA standards.
4.20. OSHA recommends new standards to NIOSH.
4.21. OSHA is prohibited from conducting inspections on the night shift.
4.22. A construction company may be cited by OSHA
a. only from the Part 1926 Construction standards
b. only from the Part 1910 General Industry standards
c. from both the Part 1926 and 1910 standards
d. none of the above
ref. p. 91
4.23. Which of the following violations is subject to the most severe maximum OSHA
penalty?
a. serious violations of standards
b. failure to post a citation
c. falsifying records
d. giving advance notice of an inspection
ref. p. 96
4.24. Explain how OSHA can use its enforcement powers to intimidate an employer to
take action to safeguard employees when there is no standard in place that
addresses the specific hazard in question.
4.25. Congress extended the "promulgation authority" to what federal agency?
4.26. What is meant by the term "promulgation?"
4.27. Certain entities are exempt from the requirement for promulgation. What are
these exempt items called? For what length of time did Congress permit this
exemption?
4.28. The revocation process is exempt from the requirement for promulgation.
4.29. Which of the following are subject to requirements of the promulgation process?
a. new standards
b. revision of old standards
c. revocation of standards
d. all of the above
e. none of the above
ref. p. 89
4.30. Which of the following are not subject to the promulgation process:
a. new standards issued after the Barlow Decision
b. revision of standards at any time
c. blanket revocation of the standards
d. national consensus standards
e. all of the above are exempt from the promulgation process
ref. p. 90
4.31. What are the two largest institutional sources of national consensus standards?
4.32. What issue generated controversy over the "national consensus" powers
extended to OSHA?
4.33. Prior to OSHA the states issued primarily vertical standards.
4.34. OSHA's approach to standards is primarily horizontal.
4.35. OSHA does not issue vertical standards.
4.36. The term "grandfathered" applies most closely to which of the following?
a. NIOSH
b. the General Duty Clause
c. National Consensus Standards
d. the Barlow Decision
ref. p. 90
4.37. Draw a Venn diagram and arbitrarily label the parts to illustrate the applicability
of multiple vertical standards.
4.38. Which are usually preferred by employers: performance or specification
standards?
4.39. Which of the following dates marks the origin of NIOSH?
a. 1914
b. 1937
c. 1944
d. 1968
ref. p. 93
4.40. NIOSH is a part of which of the following agencies:
a. Department of Health and Human Services (HHS)
b. Department of Labor (DOL)
c. Department of Health, Education, and Welfare (HEW)
d. Bureau of Labor Statistics (BLS)
ref. p. 93-94
4.41. Which of the following agencies no longer exists as such:
a. Department of Health and Human Services (HHS)
b. Department of Labor (DOL)
c. Department of Health, Education, and Welfare (HEW)
d. Bureau of Labor Statistics (BLS)
ref. p. 93-94
4.42. What is the time limit for notifying OSHA when a "major" accident occurs that
requires reporting by OSHA?
4.43. OSHA has a policy of investigating all major accidents (accidents that require
OSHA notification) within what time period?
4.44. A formal complaint to OSHA
a. must be signed by the employee
b. must be signed by the employer
c. can be signed "anonymous"
d. does not require signature of any kind
ref. p. 95
4.45. A U.S. District Court is the place to
a. file a formal complaint alleging OSHA violations
b. request a variance from an OSHA standard
c. appeal a citation
d. seek an order to remove employees from a hazard area
ref. p. 94
4.46. What is the statutory time limit for OSHA to issue a citation for alleged violations
of standards?
4.47. What is the statutory time limit for OSHA to issue a citation for alleged violation
of the General Duty Clause?
4.48. Four-digit SIC industry classifications are compared by OSHA for inspection
emphasis, based upon what statistical index?
4.49. What three factors are used in a formula by OSHA to compute a reduced penalty
in the event of citation?
2. history of previous violations
3. "good faith" shown by employer
ref. p. 97
4.50. The maximum penalty for "willful violation" is
a. greater than for non serious violations but less than for serious
violations.
b. the same as for serious violations
c. twice as high as for serious violations
ref. p. 96
4.51. Failure to post notices and citations is
a. classified as a de minimus violation
c. the issue addressed by the Barlow decision
d. all of the above
e. none of the above
ref. p. 96
4.52. Which of the following offenses does not carry a possible prison sentence?
b. willful violation resulting in death
c. giving advance notice of an inspection
d. falsification of records
ref. p. 96
4.53. What is the penalty for the discrimination against employees for exercising their
rights under the OSHA law?
4.54. What rationale is used to determine which representative of management should
be prosecuted for offenses punishable by prison sentences (willful violations
resulting in death)?
4.55. Where does the money collected from OSHA fines go? Is it earmarked for
OSHA's budget?
4.56. OSHA fines are deposited into OSHA’s account to help fund inspections.
4.57. Total OSHA fines collected annually are sufficient to fund OSHA’s operational
budget.
4.58. Total OSHA fines on an annual basis are
b. required by Congress to be at least as high as OSHA’s operating
budget.
c. generally more than OSHA’s annual operating budget.
d. required by Congress to be held to no more than OSHA’s annual
4.59. What did Congress do in 1990 that added credence to the public conception that
OSHA fines were expected to fund OSHA’s budget?
4.60. The text quotes an article in the Baltimore Business Journal by Sougata
Mukherjee that estimates OSHA’s cost to business at somewhat more than
a. $1 billion per year
b. $13 billion per year
d. $50 billion per year
ref. p. 98
4.61. What important aspect of an OSHA citation is often overlooked while
concentrating on the nature of the violations and the level of the penalties?
4.62. Abatement periods set by OSHA are not subject to extension.
4.63. OSHA is known to be very reasonable in extending abatement periods if the
employer contacts OSHA and gives reasons for a request to extend.
4.64. It is unwise for the employer to contact OSHA to request an extension of the
prescribed abatement period for a violation.
4.65. After an alleged violation has been affirmed, it is too late for an employer to
contact OSHA to request an extension of the abatement period.
4.66. Severe penalties can be assessed by OSHA for employers who request
extension of abatement periods before the OSHA officer returns to the facility for
a reinspection.
4.67. "De minimus" describes
a. the lowest level of compliance considered acceptable to the OSHA
enforcement agency
immediate relationship to safety or health
c. a way in which employers give the appearance of complying with standards
while sidestepping the real safety and health issues.
d. the procedure used in the informal conference by which OSHA reduces
4.68. The Barlow decision changed which of the following:
a. The rights of employees to retaliate against employers who have
discriminated against them for exercising their rights under OSHA.
before proceeding with an inspection.
c. The rights of employers to appeal an OSHA citation all the way to the U.S.
Supreme Court.
d. The authority of the Occupational Safety and Health Review Commission to
4.69. Can entities other than OSHA mandate standards? If so, name an example.
4.70. What process can OSHA use to issue a standard in a timely response to an
emergency or time-critical situation which exposes employees to grave
danger?
4.71. An Emergency Temporary Standard does not need to be reviewed and
promulgated.
4.72. How long do interested parties have to respond to a proposed standard once it
has been published in the Federal Register?
a. 15 days
c. 60 days
d. 120 days
ref. p. 89
4.73. Power press point of operation injuries must be reported to OSHA within 30
days of their occurrence regardless of severity.
4.74. Power press point of operation injuries must be reported:
a. Within 24 hours
b. Within 15 days
c. Within 30 days
d. On February 1st during the posting of the OSHA Form 300A
ref. p. 95
4.75. A firm may receive a reduction in penalties for a citation based on the number
of employees they have. What is the maximum reduction they can receive
based on the number of employees?
a. 15%
b. 25%
c. 30%
e. 85%
ref. p. 97
4.76. Which of the following are reasons for a reduction in citation penalty?
a. NAICS number
b. Number of Employees
c. Past History
d. Community Participation
e. Good Faith Efforts
ref. p. 97
4.77. Due to double jeopardy, OSHA may not cite a standard for a particular hazard
more than once per inspection.
4.78. What is an example of a standard that could conceivably be cited more than
once during an inspection?
4.79. Does OSHA jurisdiction cover workers who are not United States citizens or
legally employed in the United States?
4.80. The fatality rate for immigrant workers is not as good as for other workers in
the United States. Why might that be?
