Legal Aspects of Safety and Health

Legal Aspects of Safety and Health
Unit V Assessment

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Question 1

When OSHA requests a court to issue a warrant, it must establish what to justify the search?

a relaxed possible cause standard
historical record of violations
a relaxed probable cause standard
none of the above, because it has the right to do so without justification based on Section 8(e)

4 points

Question 2

All of the following factors are used to determine if the common law audit attorney/client privilege exists except which one?

Whether there is a low public interest in encouraging audits of this type to be considered.
Whether there is a strong likelihood that not applying the privilege in this context will discourage companies from conducting these types of audits.
Whether the information at issue was generated in the course of a self-audit conducted by the company.
Whether the company intentionally preserved the confidentiality of the information.

4 points

Question 3

All of the following are ways for the employer to attempt to challenge a warrant in federal court (after a compliance officer arrives at the workplace already armed with the warrant) except which one?

Refuse entry to the compliance officer and wait to defend the Secretary of Labor’s motion for contempt.
Permit the inspection to proceed under protest and later move to suppress the evidence gathered during the inspection.
Refuse entry to the compliance officer and go to the federal court to preemptively challenge OSHA’s right to a warrant.
Refuse entry to the compliance officer and move to quash the warrant.

4 points

Question 4

What gives a company the ability to literally inspect itself and thereby find and resolve problems before they become legal liabilities?

Cost benefit analysis
Because it was the right thing to do

4 points

Question 5

What term is applied to a privilege created by the courts, as opposed to that created by a legislature?

Common Law

4 points

Question 6

What section of the Act and what records will a compliance officer cite and ask for in an opening conference?

Section 8 (d), and OSHA Form 203-207
Section 8 (e), and Hazardous Materials Inventory
Section 8 (c), and OSHA Form 300 (OSHA 300 Log)
Section 8 (c), and OSHA Form 200

4 points

Question 7click here for more information on this paper

Which of the following statements is false?

The evidence collected by compliance officers during walk arounds will be used by OSHA to prove alleged citations.
A pre-citation settlement can be a favorable way to resolve an enforcement action.
It is a good idea to keep a duplicate copy of all documents produced to OSHA to help for negotiations or hearings.
A good resource to help understand OSHA inspections is OSHA’s Compliance Understanding Catalogue.

4 points

Question 8

Confidentiality is a critical factor for securing the common law audit privilege. What case showed that, like other evidentiary privileges, this privilege is considered waived if the information at issue has been disclosed to third parties?

Upjohn v. United States
Price v. County of San Diego
Reich v. Hercules
Peterson v. Chesapeake & Ohio Ry. Co.

4 points

Question 9

What does OSHA need before it enters any private premises for inspection purposes?

evidence of a violation
eye witness account of a violation
written account of a violation
a legal warrant or consent from the employer

4 points

Question 10

All of the following happen at an “opening conference” except which one?

The compliance officer will inquire whether a union represents the employees.
The compliance officer will offer to fax or send certification credentials to the employer
The employer is told of the planned scope of the inspection
The compliance officer will identify the records he would like to review during his inspection

4 points

Question 11

Briefly outline the purpose, scope, provisions and limitations of OSHA�s Voluntary Self-Audit Policy. What are the risks to your company of this approach to achieving a safe work environment?

Please provide approximately 200-300 words and a reference citation for your source material in your response.


30 points

Question 12

What are the key points that should be covered during an opening conference, both from the OSHA Inspector and from you, the safety/health/environmental manager?

Please provide approximately 200-300 words and a reference citation for your source material in your response.


30 points

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