Name:
Class:
Date:
Chapter 20: Occupational Safety and Health
True / False
1. Obama’s first budget was released in late February 2009, and passed in early April 2009, which increased funding to
the Occupational Safety and Health Administration (OSHA).
a. True
b. False
2. The Occupational Safety and Health Act, was enacted by Congress in 1970.
a. True
b. False
3. The Occupational Safety and Health Act requires employers to furnish their employees a workplace that is free from
recognized hazards that cause, or are likely to cause, serious injury or death.
a. True
b. False
4. The Occupational Safety and Health Act does not apply to employees who work for an employer that is engaged in a
business affecting interstate commerce.
a. True
b. False
5. The Occupational Safety and Health Act applies to the federal and state governments in their capacity as employers.
a. True
b. False
6. The Occupational Safety and Health Act created three federal agencies for administration and enforcement of the Act.
a. True
b. False
7. The Occupational Safety and Health Act provides for the issuance of three kinds of standards: interim standards,
permanent standards, and emergency standards.
a. True
b. False
8. After a standard has been promulgated by the Secretary of Labor, any person, even if he or she is adversely affected by
it, cannot challenge the validity of the standard.
a. True
b. False
Name:
Class:
Date:
Chapter 20: Occupational Safety and Health
9. If an employer or a class of employers believes that the Occupational Safety and Health Act standard is inappropriate to
its particular situation, an exemption, or variance, may be sought.
a. True
b. False
10. The United States is the only nation that attempts to afford workers the right of refusal.
a. True
b. False
11. The Occupational Safety and Health Act allows the employer and a representative authorized by the employees to
accompany the inspector during physical inspection of the work site.
a. True
b. False
12. If a citation is issued, the employer has thirty working days to notify the Occupational Safety and Health
Administration (OSHA) that it intends to contest the citation or the proposed penalty.
a. True
b. False
13. If the employer fails to correct a cited violation after it has become final, a fine will be imposed of not more than $100
a day.
a. True
b. False
14. A de minimis violation is a significant technical violation.
a. True
b. False
15. If an employer, or a class of employers, believes that the OSHA standard is inappropriate to its particular situation, an
exemption, or variance, may be sought.
a. True
b. False
16. In the first months of his presidency, President Barack Obama pledged to step up federal enforcement of:
a. workplace safety.
Name:
Class:
Date:
Chapter 20: Occupational Safety and Health
b. medical benefits.
c. social security benefits.
d. tax exemptions.
17. The Occupational Safety and Health Act does not apply to the federal and state governments in their capacity as
employers, nor does it apply to domestic servants or:
a. supervisors.
b. self-employed persons.
c. negotiators.
d. arbitrators.
18. The authority to promulgate occupational safety and health standards through the Occupational Safety and Health
Administration (OSHA) is granted to the:
a. Department of Treasury.
b. Commissioner on Wages.
c. Department of Finance.
d. Secretary of Labor.
19. The National Institute of Occupational Safety and Health (NIOSH) is an agency created to cater to:
a. employers’ needs.
b. dispute settlement.
c. research.
d. corporate investigations.
20. The Occupational Safety and Health Review Commission is a(n) _____ created to adjudicate contested enforcement
actions of OSHA.
a. quasi-judicial agency
b. administrative body
c. judicial body
d. temporary agency
21. In _____, the court held that the Occupational Safety and Health Administration was precluded from exerting its
jurisdiction over offshore oil platforms because of the coverage by the Coast Guard and the Geological Survey.
a. Ben v. Sam.
b. Marshall v. Nichols
c. Marshall v. Barlow’s Inc
d. Wood v. Department of Labor
22. The feasibility of a standard must be examined from two perspectives: _____ feasibility and _____ feasibility.
a. technological; economic
b. organizational; constitutional
Name:
Class:
Date:
Chapter 20: Occupational Safety and Health
c. individual; organizational
d. internal; environmental
23. _____ variances are granted when the employer establishes by a preponderance of the evidence that its particular
procedures provide as safe and healthful a workplace as the Occupational Safety and Health Act standards would provide.
a. Emergency
b. Temporary
c. Permanent
d. Interim
24. In addition to being granted the right to a workplace free from recognized hazards, employees under the Occupational
Safety and Health Act are protected from:
a. retaliation.
b. territorial jurisdiction.
c. extradition.
d. government interference.
25. Employees should attempt to have the employer correct the hazardous condition before exercising their:
a. right to strike.
b. bargaining power.
c. discretionary power.
d. right to refuse.
26. In Chao v. Gunite Corp., citations were issued for violations of:
a. the Fair Labor Standards Act.
b. the Americans with Disabilities Act.
c. occupational safety and health regulations.
d. None of these answers.
27. OSHA’s occupational safety and health standards are enforced through:
a. compliance to the variances issued by the Secretary of Labor.
b. company records of employee health issues and deaths.
c. third party data providers on health standards.
d. physical inspections of workplaces.
28. Which of the following is not true of the recordkeeping requirement under the Occupational Safety and Health Act?
a. Employers with eight or more employees are required under the act to keep records occupational injuries and
illnesses.
b. The employer is required to maintain accurate records of employee exposures to potentially toxic materials or
harmful physical agents.
c. Any employee who believes that a violation of a safety or health standard exists, may request an inspection.
Name:
Class:
Date:
Chapter 20: Occupational Safety and Health
d. Employers are required to provide the records of health and safety statistics to the union on a regularly basis, or
on demand.
29. In Marshall v. Barlow’s Inc., the Supreme Court held that an employer subject to an OSHA inspection may insist
upon a(n):
a. search warrant.
b. injunction.
c. court order.
d. indictment document.
30. Which of the following is not an option for a compliance officer in the event of an employer refusing entry for
inspection?
a. The compliance officer must terminate the inspection.
b. An indictment warrant issued by a U.S. district judge should be produced.
c. The inspection has to be confined to those areas where no objection has been raised.
d. An ex parte application for an inspection warrant may be obtained.
31. According to the study released by professors at Tulane University and the University of California at Berkeley, which
of the following is not true of illegal immigrants?
a. Under federal labor law, illegal immigrants are afforded the same health and safety protections as documented
workers.
b. Regardless of their legal status, laborers can sue most employers for violation of the minimum wage law and
overtime regulations.
c. The illegal immigrants often work in hazardous conditions without protective gear and earn far less than their
legal counterparts.
d. The employer needs to maintain separate records on health and safety for illegal migrants working in hazardous
occupations.
32. In Herbert v. Altimeter, Inc., the employee-plaintiff claimed she had been fired in retaliation for:
a. making safety complaints.
b. requesting a reasonable accommodation.
c. filing a workers’ comp claim.
d. All of the above.
33. A technical violation, but so insignificant as to require no fine or remediation, is a(n) _____ violation.
a. constitutional
b. de minimis
c. de facto
d. cognizable
34. _____ is/are the second leading cause of fatal occupational injury in the United States.
Name:
Class:
Date:
Chapter 20: Occupational Safety and Health
a. Burnout
b. Contagion
c. Accidents
d. Homicide
35. When a de minimis citation and proposed penalty are contested, the employer has an absolute defense to the citation if
it can prove that:
a. compliance to the standard is impossible.
b. employees are not required to handle the hazardous/faulty technology.
c. the employment contract had explicitly cited the hazards present.
d. medical benefits cover the risk posed.
36. If OSHA or an employee objects to the requested extension or modification, a hearing is held before the:
a. Occupational Safety and Health Commission.
b. U. S. Court of Appeals.
c. U. S. Supreme Court.
d. Court of General Jurisdiction.
37. If the employer fails to correct a cited violation after it has become final, a fine may be imposed, of not more than:
a. $ 500 per day.
b. $ 1,000 per day.
c. $ 2,000 per day.
d. $ 2,500 per day.
38. In line with Lessig’s observation, the EEOC released certain guidelines concerning the creation of emergency plans
that comply with the:
a. Tucker Act.
b. Occupational Hazard Act.
c. American with Disabilities Act.
d. Civil Right Act.
39. When it comes to worker violence or threats of violence, employers have adopted the policies of:
a. compensation.
b. zero-tolerance.
c. compromise.
d. feasibility.
40. In Tomick v. United Parcel Service, Inc., the plaintiff claimed he was fired based on:
a. religion.
b. race.
c. disability.
Name:
Class:
Date:
Chapter 20: Occupational Safety and Health
d. national origin.
41. Sheila, a physically-challenged employee at National Steel Manufacturing Company, informs her supervisor about the
lack of ventilation in the assembly unit, but the supervisor takes no action on her suggestion. In this scenario, it may be
concluded that National Steel Manufacturing Company has violated the:
a. Civil Rights Act.
b. Occupational Safety and Health Act.
c. Americans with Disability Act.
d. Equal Employment Opportunity Act.
42. It was found that proper safety measures were not provided for the employees at Stumpp Inc. When an employee files
a complaint against the company contending that company violated the Occupational Safety and Health Act, the power to
adjudicate the complaint lies with the:
a. Occupational Safety and Health Administration.
b. National Institute of Occupational Safety and Health.
c. Occupational Safety and Health Review Commission.
d. Secretary of Labor.
43. Ryan Sutherland is the CEO of Nuvage Mechanisms Inc. He feels that the new safety standard promulgated by the
Secretary of Labor would adversely affect operational efficiency and financial outlay at his firm. In order to file a
challenge against the validity of the new standard, he has to file them before the sixtieth day after the issuance of the
standard with the appropriate:
a. District Court.
b. Court of General Jurisdiction.
c. Federal Court of Appeals.
d. U.S. Supreme Court.
44. Which of the following is not true regarding OSHA’s authority regarding feasibility of standards?
a. OSHA grants the Secretary authority to issue standards dealing with toxic materials or harmful physical agents.
b. OSHA cannot force an industry to develop and diffuse new technology to satisfy precise permissible exposure
limits.
c. The standard also must satisfy the requirement of economic feasibility.
d. OSHA can present substantial evidence showing that companies acting vigorously and in good faith can develop
the technology.
45. The Secretary of Labor recently issued new guidelines standards dealing with toxic materials or harmful physical
agents. Associated Cements Inc. finds itself unable to comply with a standard by its effective date because of the
unavailability of professional or technological personnel. Accordingly, Associated Cements Inc. may seek exemption
under:
a. temporary variance.
b. unilateral contract.
c. nonfeasance.
d. mitigation of standards.
Name:
Class:
Date:
Chapter 20: Occupational Safety and Health
46. Brandy, an employee of Railcar Manufacturing Inc. (RMI), filed a complaint against the company alleging that the
company violated Occupational Safety and Health Act. Further to this, RMI proceeds with retaliatory actions against
Brandy. In this case, Brandy is protected under ______ of OSHA.
a. Section 8(a)(5)
b. Section 11(c)(1)
c. Section 9(c)(1)
d. Section 7(a)(2)
47. Women employees at Columbia Iron & Steel, Inc. operate a foundry in which a major portion of the raw materials
used in the process come from scrap metal, including galvanized zinc. Health experts agree that exposure to zinc in the
early stages of pregnancy can result in severe birth defects. If an OSHA citation is forwarded, the women employees are
protected under the provision of:
a. technological feasibility.
b. right to refuse work.
c. temporary variance.
d. unilateral contracts.
48. When a worker dies in the factory because the employer failed to provide necessary safety in workplace, the
investigating officer appointed under Occupational Safety and Health Act is known as:
a. a federal investigator.
b. an OSHA representative.
c. a compliance official.
d. an inspector.
49. The Hot Zone Thermometer Company manufactures outdoor thermometers in a small factory in the Bronx. The
company employs illegal immigrant’s to do the assembly work which involves injecting liquid mercury into the glass
tubes, sealing the tubes, and affixing them to the wooden frames of the twelve inch device. The management knew the
risks involved, but declined to provide protective equipment, such as rubber gloves and masks, or even proper safety
training for the workers. In this case, despite their illegal status, the employees are protected under the:
a. federal labor laws.
b. local medical laws.
c. OSHA.
d. Immigration and Nationality Act.
50. The High-Flier Aircraft Company manufactures small aircrafts in a plant which features a fifty-foot high, arched roof.
The company does not provide any safety norm to the employers, who are working on the roof. In an unfortunate incident,
an employee fell of the high roof and lost his life. Upon investigation by the OSHA inspector, it was discovered that the
employer had violated the standards under the act. This demands the employer to issue a(n):
a. bilateral agreement.
b. compliance agreement.
c. written citation.
d. appeal.
Name:
Class:
Date:
Chapter 20: Occupational Safety and Health
Subjective Short Answer
51. What are the two main goals of the Occupational Safety and Health Act?
52. What are employers required to provide under the Occupational Safety and Health Act?
53. How many agencies are created under the Occupational Safety and Health Act for administration and enforcing the
Act?
54. What is the National Institute of Occupational Safety and Health?
55. What are three kinds of standards under Occupational Safety and Health Act?
56. Name the two kinds of variances under OSHA.
57. Can an OSHA inspection officer enter into any premises?
Name:
Class:
Date:
Chapter 20: Occupational Safety and Health
58. Under which law can illegal immigrant workers challenge the employer if the wage paid to them is lower than the
minimum wage?
59. Does federal labor law cover illegal immigrants?
Essay
60. Briefly explain the scope of the Occupational Safety and Health Act.
61. How is the Occupational Safety and Health Act administered and enforced?
62. When can variance be sought? What are the kinds of variances?
Name:
Class:
Date:
Chapter 20: Occupational Safety and Health
63. When should citation be an issue? Can the employer challenge a citation?
64. Under which law or laws are illegal immigrant workers in the United States protected?