Question 1;What section of the OSH Act contains the requirements for promulgating standards to deal with toxic materials or harmful physical agents????Answer. ?? 6 (b) (5). ? 8 (e) and 4 (b), (c) and (e). ? 1910.1005. ? 1910.1200. ?;4 points;Question 2. ? The D.C. Court of Appeals formulated a test for determining whether the general duty clause of the OSH Act has been violated in which case????Answer. Donovan v. Missouri Farmers Assn.. National Realty and Construction Co. v. Occupational Safety and Health Review Commission.. Caterpillar Inc. v. Occupational Safety and Health Review Commission. Phoenix Roofing, Inc v. OSHA. ?;4 points;Question 3. ? The preemption principle applies to _______.???Answer... general standards only... Part 1910 over Part 1920... even to standards within an industry-specific part... EPA Hazardous Waste Regulations. ?;4 points;Question 4. ? Which of the following is false regarding the new 2002 Recordkeeping regulations????Answer... The term "lost workdays" is eliminated.... Employers must review the 300 log information before it is summarized on the 300A form.... The annual summary must be posted for one month instead of three.... Employers are no longer required to count days away or day of restriction beyond 180 days.. ?;4 points;Question 5. ? Who bears the burden of proof on a "de minimis" issue (violation)????Answer... the commission... the employee... the employer... the contractor. ?;4 points;Question 6. ? Which of the following is not a true statement????Answer... OSHA has consistently followed the policy of recognizing non-obvious hazards as being within the scope of the general duty requirement in its enforcement activity.... OSHA need not show that prior accidents have occurred to prove that an employer had actual knowledge of a hazardous condition.... If a reasonable person having knowledge of the alleged conditions would have recognized that a hazard existed, the courts and the Commission have inferred recognition (i.e. Donovan v. Missouri Farmers Association).... To establish the existence of a recognized hazard, the allegedly non-complying condition or practice need not be shown to be one over which the cited employee can reasonably be expected to exercise control.. ?;4 points;Question 7. ? Which of the following Safety Standards does not match up with its Recordkeeping requirement????Answer... Lockout/Tagout, 1910.147, Manlifts, 1910.95, Electrical Work, 1910.333... Respirators, 1910.134, Overhead Cranes, 1910.179... Shipyards, 1915.7 (a)(2), Derricks, 1910.181... Excavations, 1926.652, Brazing, 1910.255. ?;4 points;Question 8. ? Even if industry or specific employer recognition cannot be established, recognition can nonetheless be demonstrated if the hazard is deemed to be ______.???Answer. sensible. reasonable. obvious. non-existent. ?;4 points;Question 9. ? All of the following exceptions to presumption of a work relationship exist under the new 2002 regulations, causing a significant aggravation of a pre-existing condition workplace event or exposure, thereby making the case work-related except which one????Answer... cold or flu. personal tasks outside working hours. motor vehicle accident in parking lot/access road during commute. lifting/straining low back injury from handling floor to head height shelving. ?;4 points;Question 10. ? The General Duty Clause applies to __________ covered under the OSH Act.???Answer. most industries, most employers. all industries, all employers. any employer and industry with over 50 employees. ?;4 points;Question 11. ? Define and discuss the defenses that an employer may raise to a citation. Give some examples of case law in your response. Your response should contain approximately 200-300 words and a reference citation for your source material.????Answer.. ?;30 points;Question 12.Explain and discuss how the 2002 recordkeeping rules affect issues dealing with specific disorders and other issues (i.e. privacy, access, fatalities, etc.). Provide approximately 200-300 words and a reference citation for your source material.????
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