OSH Act, Federal Law, Duty Standards
A family owned farm in Kansas employs only the farmer's spouse and adult children. After a minor injury, an OSHA inspector arrives to investigate and ends up issuing a citation. The farmer argues the Act doesn't apply. Who is correct?
A. The inspector
B. The farmer
What is B. the farmer?
OSH Act excludes farms employing only immediate family members.
This type of authorization allows an employer to deviate from an OSHA standard if they need more time to comply.
What is a temporary variance?
Irving v. U.S. reaffirmed that the duty to ensure workplace safety rests with this group.
Who are the employers?
Occurs when the employer intentionally and knowingly violates OSHA, and is aware that the condition creates a hazard.
What is a willful violation?
Q: A college dormitory is being built in Arkansas by the general contractor "Summit." During construction, Summit observes unguarded scaffolding used by a subcontractor’s employees and fails to ensure correction. OSHA cites Summit, even though its own workers weren’t exposed. What doctrine allows this?
A. Respondeat Superior
B. Specific Duty Standard
C. Multiemployer Doctrine
What is C. The Multiemployer doctrine?
An employee cannot be discharged for refusing to work if these factors are satisfied.
What is
- reasonable apprehension of death/serious bodily injury
- no less drastic alternatives available.
When a worksite is visible to the public or poses an immediate threat, OSHA can perform this type of inspection.
What is a warrantless search/inspection?
OSHA encourages workplaces with higher risks of violence to develop this plan.
What is a Workplace Violence Prevention Plan?
A defense contractor building M-1 tanks complies with OSHA’s machine-guarding standard, but its safety staff documented that the standard was inadequate and dangerous for its high-speed line. After an injury, OSHA still issues a citation. What clause supports this citation?
A. Specific Duty Clause
B. General Duty Clause
C. Imminent Hazard Clause
What is B. General Duty Clause?
Manufactures and importers of hazardous materials must provide these documents to employers, who must then make them available to employees.
What are safety data sheets?
When no citation is issued, this specific person retains the right to request an informal review.
Who is the employee who made the complaint?
Consequences of this type of violation can include a court-imposed fine or imprisonment for up to 6 months.
Willful violation resulting in the death of an employee