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Regarding Workers' Compensation, which of the following statements is correct: a. pursuant to workers' compensation, the employer gives up its right to defend against liability

Regarding Workers' Compensation, which of the following statements is correct:

a.

pursuant to workers' compensation, the employer gives up its right to defend against liability for employee injuries with the Fellow Servant Rule

b.

none of these is correct

c.

pursuant to workers' compensation, the employer gives up its right to defend against liability for employee injuries with assumption of the risk

d.

generally, workers' compensation is an injured employee's exclusive remedy

e.

all of these are correct

2 points

QUESTION 2

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.

all of these

e.

none of these

2 points

QUESTION 3

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 workers, because OSHA regulations applied, and it is not a defense that the firm did not know about OSHA regulations

c.

for the workers, because there was a death and a serious injury

d.

for the employer, because the employees frequently talked about safety

2 points

QUESTION 4

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

a.

an applicable standard exists

b.

one or more employees were injured by the hazard

c.

the employer knew or should have known of the hazard

d.

the standard was not complied with

2 points

QUESTION 5

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.

granting of partial benefits due to the pre-existing injury

c.

denial of the claim because, under the usual exertion rule, the injury did not arise out of employment

d.

granting of benefits because, under the usual exertion rule, the injury arose out of employment

2 points

QUESTION 6

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.

employers are not required to correct violations until after their appeals have been decided

c.

OSHA inspections are generally unannounced and the employer is required to allow the inspector access as long as the inspector shows proper credentials

d.

copies of citations received must be posted in the workplace near the sites of the violations

2 points

QUESTION 7

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.

none of these

2 points

QUESTION 8

Which of the following is true of OSHA reporting and recording requirements?

a.

employers with fewer than 50 employees are generally exempt from recording injuries and illnesses

b.

all injuries or illnesses must be reported to OSHA within 6 days of their occurrence

c.

injuries that result in death or the hospitalization of three or more employees must be reported to OSHA within 8 hours of their occurrence

d.

all of these

e.

none of these

2 points

QUESTION 9

Which of the following is true of OSHA's permanent standards?

a.

they must be followed without exception

b.

they apply to firms in all industries

c.

they are adopted only after a lengthy process of public hearings and documentation

d.

all of these

e.

none of these

QUESTION 10

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.

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)

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.

do nothing; if you report this conduct, you'll be ostracized by your co-workers; besides, its harmless horseplay

2 points

QUESTION 11

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.

none of the above

QUESTION 12

Ergonomic hazards _______________:

a.

none of these

b.

are not currently regulated because ergonomics is not a recognized and authoritative field

c.

are not currently regulated due to inadequate knowledge of their causes

d.

are partially addressed by OSHA's ergonomics standard

e.

have been addressed under the general duty clause

QUESTION 13

Which of the following is an element needed to establish a violation of the general duty clause?

a.

a potential hazard exists which was known in the industry

b.

the employer acted with intent in allowing the hazard to exist

c.

feasible means exist to abate the hazard

d.

all of these

e.

none of these

QUESTION 14

Your office is being expanded, which is good, but the noise of construction is bothering some workers. Some complain of headaches, others of hearing problems. If you are the Safety Director for the firm, which of the following would you recommend as the best remedy?

a.

the firm should supply earplugs to the office staff, and try other means to reduce noise from the construction site

b.

the construction firm should be ordered to work more quietly

c.

all of these

d.

those who are suffering from hearing problems and headaches should go home

QUESTION 15

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

a.

create a comprehensive workplace safety program

b.

all of these

c.

be proactive in assessing workplace hazards

d.

take steps to prevent workplace injuries

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