Reference no: EM13960889

Question 1: Employers may challenge any adverse citation, civil penalty, or abatement order by filing a ________ with the Commission within ____business days of the receipt of the violation.

Challenge request (CR); 30

Adjudication Hearing (AH); 30

Notice of Contest (NOC); 15

Notice of Challenge (NOC); 30

Question 2: In the absence of a contract of employment for a fixed term, an employee is free to leave his employment at any time, and the employer is free to discharge an employee at any time for any reason, good or bad, or indeed for no reason at all. This doctrine is known as what?

Free employment

Open market

Employment at will

Non-binding employment

Question 3: Which one of the following is true?

Any employee can bring a suit to force their employer to correct a safety or health hazard under the OSH Act.

Complaints to OSHA are protected from employer retaliation by the free speech clause of the First Amendment.

NLRA protections for refusal to work under imminent hazards are available to all union members.

Once adverse job action resulting from employee protected activity has been proven in an 11(c) discrimination case, the burden of proof shifts to the employer.

Question 4: Which of the following is false regarding inspections and warrants?

Marshall v. Barlow's Inc. interpreted Section 8 (a) as requiring either a warrant or the employer's consent to the inspection.

The employer may insist on a warrant at any time-even after he or she has consented initially to a search.

Warrants can be broad or narrow in scope, and the employer may insist that the inspection of its premises be limited to those areas or workplaces specified in the warrant.

Under a wide-ranging, broad set of circumstances, OSHA has the authority to enter and inspect a worksite without obtaining a warrant or the employer's express consent.

Question 5: Under certain circumstances, employers can request OSHA protect proprietary and sensitive business information that they submit to the agency. What case found that an employer could demand that OSHA obtain a subpoena or warrant before providing access to records?

Associated Indus. Of New York State, Inc. v. U.S. Dept. of Labor

McLaughlin v. Kings Island

Marshall v. Barlow's Inc.

Lake Butler Apparel Co. v. Secretary of Labor

Question 6: Which of the following is not true regarding The HAZCOM Standard?

The standard can best be described in one word: action.

The standard regulates employers whose employees come into contact with hazardous chemicals at the workplace.

The standard is codified at 29 CFR Part 1910.

The standard does provide protection for some trade secrets.

Question 7: Section 7 of the NLRA is most often applied to protect union organizational efforts; it also prohibits an employer from what action, and was tested under what "seminal" case?

Shifting burden of authority to contractors, under Donovan v. Freeway Construction Co.

Disciplining employees for whistleblowing, under Secretary of Labor v. HMS Direct Mail

Disciplining employees for engaging in concerted activity to protest unsafe working conditions, under NLRB v. Washington Aluminum

Preventing union meetings from occurring on company property, under UAW v. Ford Motor Co.

Question 8: Under the GHS, labels must contain more detailed information than is presently required under the HCS. Which of the following forms of information are not required under the GHS?

Supplier identification

Precautionary statements and pictograms

Signal words and product identifiers

Packaging guidelines and cost benefit analysis of hazard potential

Question 9: What two sections in the NLRA protect employees who refuse to perform unsafe work?

Section 29 CFR 1200.010 and Section 9 of the Act

29 CFR 1977.12 and Section 11 © of the Act.

Section 205 of the LMRA and Section 9 of the Act.

Section 502 of the LMRA and Section 7 of the Act.

Question 10: In addition to statutory protections, many state courts recognize what type of action for wrongful discharge based on a "public policy" exception to the doctrine of employment at will?

Tort

Writs of Mandamus

Consent Decrees

Interim Orders

Question 11: Summarize the federal statutes that protect an employee, under certain circumstances, from being discharged or disciplined for refusing to perform an assigned task.

Question 12: Describe and discuss the employee rights under the OSH Act and its implementing regulations.