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Question 1
. The “opening conference” is characterized by all of the following except which one? Answer
.The compliance officer will state what specifically he would like to do during the physical inspection.
.The compliance officer will identify the physical locations he would like to inspect.
.The compliance officer will state the reason for the inspection.
.The compliance officer will request no union representative or complainant employee accompany the inspection.
.
4 points
Question 2
. OSHA’s self-audit policy: Answer
.
.
.extends to information gathered as analyses, conclusions, and recommendations resulting from the audit.
.
.
.was published in the Federal Register in January 2000.
.
.
.is legally binding.
.
.
.states that it will issue a citation for a violative condition discovered as a result of the self-audit.
.
4 points
Question 3
. OSHA’s authority to inspect workplaces is set forth in what section of the Act? Answer
.
.
.Section 10 (a)
.
.
.Section 6 (a)
.
.
.Section 8 (a)
.
.
.Section 2 (a)
.
4 points
Question 4
. All of the following happen at an “opening conference” except which one? Answer
.
.
.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 5
. What term is applied to a privilege created by the courts, as opposed to that created by a legislature? Answer
.
.
.Congressional
.
.
.Presidential
.
.
.Judicial
.
.
.Common Law
.
4 points
Question 6
. What gives a company the ability to literally inspect itself and thereby find and resolve problems before they become legal liabilities? Answer
.
.
.Cost benefit analysis
.
.
.Consultants
.
.
.Auditing
.
.
.Because it was the right thing to do
.
4 points
Question 7
. In what case did the Supreme Court hold that “the businessman, like the occupant of a residence, has a constitutional right to go about his business free from unreasonable official entries upon his private commercial property”? Answer
.
.
.Peabody Southwest v. Texas
.
.
.Donovan v. Hackney, Inc.
.
.
.United States v. Thriftmarks Inc.
.
.
.Marshall v. Barlow’s Inc.
.
4 points
Question 8
. Which of the following is not true regarding the attorney/client privilege? Answer
.
.
.Counsel must be actively involved in the audit process for the audit information to be protected by the attorney/client privilege.
.
.
.The attorney/client privilege cannot be overcome by a claim that the party seeking the information has a compelling need for the information.
.
.
.The attorney/client privilege applies to the lawyer’s giving business advice, as well as legal advice to a company.
.
.
.Unlike the audit privilege, the attorney/client privilege is absolute.
.
4 points
Question 9
. When OSHA requests a court to issue a warrant, it must establish what to justify the search? Answer
.
.
.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 10
. What section of the Act and what records will a compliance officer cite and ask for in an opening conference? Answer
.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 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.
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.
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