Laws Affecting Workplace Health And | Exam Questions – Ch11

Test Bank

Chapter 11

Laws Affecting Workplace Health and Safety

True/False

1. An independent craftsman is expected to assume all personal financial consequences of a workplace injury.

2. The concept of providing financial relief for workers injured or killed in industrial accidents originated in Canada in the 1880s.

3. Prior to the enactment of workers’ compensation statutes, the only recourse for injured workers was to sue their employers for damages under state tort laws.

4. In most states, workers’ compensation claims resolution has become a cumbersome and time-consuming process.

5. The exclusivity principle would apply to a situation where an employer told his employee to ignore a safety procedure, and in doing so the employee was injured.

6. One characteristic of all workers’ compensation systems is that the employee is only required to demonstrate that the injury or illness was work related.

7. An employee with a mental illness that can be shown to have a connection to the nature of his employment would not be eligible for workers’ compensation.

8. If an injured employee can continue employment in another position, she would not be entitled to disability benefits.

9. Workers’ compensation laws preclude employees from suing for injuries intentionally inflicted by employers.

10. Increasingly, injured employees are bringing actions in the courts instead of filing claims under workers’ compensation statutes.

11. The OSHRC is not completely independent from OSHA.

12. Once OSHA has developed a proposed standard, it must publish its recommendation in the Federal Register.

13. If an employer is selected for the BLS survey, it is mandatory that the employer maintains the requisite safety records.

14. Forms 300 and 301 are the primary recording and reporting forms established by OSHA.

15. Employers are required by law to automatically admit compliance safety and health officers onto their premises.

16. OSHA may impose penalties and fines for employer violations of the OSH Act.

17. Like the Civil Rights Act of 1964, the OSH Act permits individual states to establish and manage their own safety and health programs for the private sector.

18. Whistleblowers are not protected against retaliation for filing an OSHA complaint because the OSH Act contains no language in regards to whistleblowers at all.

19. Due to the rise of workplace violence, an employee is safer at home than at work.

20. Bionomics is the science of adapting the job to the biomechanical needs of the worker.

Multiple Choice

1. Prior to the Industrial Revolution, most nonagricultural workers were:

A. independent craftsmen.

B. employees of small organizations.

C. employees of large corporations.

D. unionized.

2. In which state was one of the earliest attempts to regulate hazardous workplace conditions?

A. Rhode Island

B. New York

C. Massachusetts

D. Pennsylvania

3. Workers’ compensation was established as _____.

A. a retirement fund

B. insurance

C. a compensation pool

D. none of the above

4. Which of the following Acts covers injured federal workers?

A. Federal Employees’ Compensation Act

B. Longshore and Harbor Workers’ Compensation Act.

C. Both of the acts cover injured federal workers.

D. Neither act covers injured federal workers.

5. Currently, there are workers’ compensation laws in:

A. The fifty states

B. Puerto Rico

C. The U.S. Virgin Islands

D. all of the above

6. An employee receiving workers’ compensation benefits is barred from bringing a common law suit against the employer for a work-related injury because of the:

A. exclusivity principle

B. assumption of risk defense

C. fellow-servant rule defense

D. contributory negligence defense

7. Which of the following is not covered under workers’ compensation?

A. injuries sustained while performing activities that are in the course of employment

B. injuries sustained while performing work activities off the employer’s premises

C. injuries sustained during non-work hours

D. all of the injuries listed above are covered under workers’ compensation

8. The major problem with workers compensation is:

A. it does not pay workers even a third of their usual salary

B. it does not pay out fast enough

C. its potential for fraud

D. it affects companies’ quality of work

9. In this defense, the employer must be able to demonstrate that the employee was aware of, or should have been aware of, the hazards pertaining to a particular job.

A. exclusivity principle

B. assumption of risk defense

C. fellow-servant rule defense

D. contributory negligence defense

10. In this defense, the employer asserts that an employee’s injuries or illness were derived from the accidental actions of another employee.

A. exclusivity principle

B. assumption of risk defense

C. fellow-servant rule defense

D. contributory negligence defense

11. Which of the following is something all state workers’ compensation laws have in common?

A. insurance funding requirements

B. what specifically constitutes a work-related, compensable injury

C. specific types of coverage

D. only work-related injuries are compensated

12. For most states the maximum proportion that is set for indemnity benefits is __________ of the state’s average weekly wage.

A. a third

B. half

C. two-thirds

D. a fourth

13. Benefits for disability income are generally payable based upon the disabled worker satisfying a waiting period, typically from __________.

A. one to two days

B. three to seven days

C. seven to fourteen days

D. fourteen to twenty days

14. Which “off duty” scenario is most likely to qualify the employee for workers’ compensation?

A. Jeremy plays flag football at a voluntary company picnic and breaks his ankle.

B. Jill is hit by a van while participating in a union picket line in front of her office.

C. Jenny trips and breaks her arm while being seated at a mandatory company banquet.

D. Jason has a car accident on his way to work Monday morning.

15. Which is an example of a workers’ compensation claim that an employer may challenge on the grounds that the injury is the result of misconduct on the part of the employee?

A. flagrant violations of work or safety rules

B. intentional self-inflicted injury

C. fraud

D. All of the above

16. The Occupational Safety and Health Act was passed in:

A. 1964

B. 1970

C. 1976

D. 1991

17. A covered employer under the OSH Act is one that employs ___ or more employees.

A. one

B. two

C. three

D. fifteen

18. The federal agencies created by the OSH Act belong to which federal department?

A. Department of Health and Human Services

B. Department of Labor

C. they span both of these departments

D. they do not belong to any of the departments listed

19. Which of the following agencies reports to the Department of Health and Human Services?

A. NIOSH

B. OSHA

C. OSHRC

D. All of the above

20. _____ primarily establishes safety standards and conducts workplace inspections.

A. NIOSH

B. OSHA

C. OSHRC

D. EEOC

21. OSHA inspectors may issue one of __________ citations for any violation of the OSH Act.

A. three

B. four

C. five

D. six

22. Which is not a possible citation that could be issued by OSHA?

A. imminent danger

B. willful and repeated

C. other-than-serious

D. de maximum

23. Under the OSH Act, __________ are either newly created or revised from the original standards.

A. permanent standards

B. interim standards

C. emergency standards

D. temporary standards

24. The intent of the __________ is to make the employer ultimately responsible for unforeseen or newly created workplace hazards.

A. exclusivity principle

B. emergency standard

C. assumption of risk defense

D. general duty clause

25. In the event that employers believe OSHA has developed and implemented an unrealistic standard, that standard may be challenged in:

A. any district court.

B. the Supreme Court.

C. the United States Court of Appeals.

D. no court, as a standard may not be challenged once it has been implemented.

26. __________ means the employer is asking for an extension in complying with an OSHA standard.

A. Temporary variance

B. Temporary standard

C. Permanent variance

D. Permanent standard

27. Employers with fewer than _____ employees are exempt from maintaining specific records of job-related injuries and illnesses unless they are selected for the BLS survey.

A. ten

B. twenty

C. fifty

D. one hundred

28. OSHA Form _____ provides a log for recording and reporting injuries and illnesses with a separate line entry for each recordable injury or illness.

A. 100

B. 200

C. 300

D. 400

29. According to the text, which of the following is not among the safety and health issues that have received increasing attention in the popular media?

A. workplace violence

B. carpal tunnel syndrome

C. second hand smoke in the workplace

D. internet abuse as work resulting in time fraud

30. __________ is the science of adapting the job to the biomechanical needs of the worker.

A. Bionomics

B. Ergonomics

C. Agronomics

D. Economics

Essay

1. Explain the three common law defenses afforded to employers in workers’ compensation cases. What are some of the ways that an employer could establish each?

2. Name the agencies created by the OSH Act. What are their primary duties and to what federal department do they belong?

3. What is a variance in relation to OSHA standards? How would an employer go about requesting one?

4. Provide four (4) citations for OSHA violations in the workplace. What is the maximum penalty if an employer has been warned of an unsafe condition and a death has resulted from his or her failure to correct it?

a. • Imminent danger

• Serious

• Other than serious

• De minimus

• Willful and repeated

b. Six months imprisonment and up to a $70,000 fine.

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