CSP Domain 9: Law And Ethics Flashcards
Section of an insurance contract that takes coverage away for some type of risk
Exclusions section
Home owners policies exclude flood damage
What information is required to be maintained in an employees medical record if they have occupational exposures?
- Name and SSN
- Copy of Hep B vaccination status
- Employers copy of the health care professional’s written opinion
- Copy of information provided to medical provider
- Copy of all results of examinations, medical testing, and follow up procedures
What is an example of something that OSHA does not have legal authority/jurisdiction to do?
Shutting down work sites
How long does an employer have to contest a citation issued by OSHA
15 WORKING days- must submit a written objection/notice
A compliance safety and health officer (CSHO) who is investigating a site because of a complaint may inspect
Only the area covered by the complaint
How quickly must each injury or illness be recorded
Within 7 calendar days of receiving information that the recordable injury or illness has occurred
Employer knowingly operates outside of regulations and puts employees at risk
Willful violation.
What is the minimum fine from OSHA for a willful violation?
$5,000
Which OSHA standard covers Confined Space Entry?
1910.146
For states that have an Employee Right to Know Law, the federal OSHA HAZCOM standard:
Is preempted
*Only in states with preapproved plans by OSHA that are more protective or equally as protective as federal law.
Currently 25 states operate under approved plans, 23 of those cover only public sector employees, 2 cover private sector employees
What does OSHRC stand for and what is its primary purpose?
Occupational Safety and Health Review Commission
Purpose is to adjudicate disagreements resulting from citations issued to employers for noncompliance with OSHA standards
Term used when the SUPPLIER of a product could have reasonably anticipated misuse of the product in regards to product liability
Foreseeability
According to subpart L (scaffolding) of 1926, what is the trigger height for fall protection
10 feet
What is the trigger height for fall protection in construction industry in Subpart X (portable ladders)?
No requirement for fall protection when working on portable ladders in construction industry?
Person APPROVED by employer to to perform specific duties or be at specific location
Authorized person
What is the OSHA civil penalty if a willful violation results in the death of an employee and the employer is convicted in a criminal investigation?
Up to $250,000 for individuals and up to $500,000 for corporations and 6 months in jail
Which OSHA standard covers Bloodborne pathogens?
1910.1030
First section of an insurance contract that states who and what risks or property are covered by the contract
Declarations
The BCSP code of ethics is composed of how many standards?
8
What is the maximum civil penalty OSHA may impose for each willful violation
70,000 per violation
Note: Law changed in 2018 to increase to $129,336 per violation but it has not changed on CSP exam as of yet
What type of product liability warranty claims describes when a product does not perform as explicitly claimed in the product advertisement, resulting in an injury to the buyer?
Express warranty
What is a true statement about audits
Documentation should be reviewed at every audit
Regarding product liability, which term means the parties involved in a negligence case are limited to those directly involved in the sales transaction of a product?
Privity
Who is mandated by legislative dictate to provide health and safety training for employers and employees
OSHA
Type of OSHA standard that specifies the end result to be achieved not the methodology used to achieve it
Performance standards
Example: HAZCOM
What is the maximum penalty for failure to abate a violation?
$7,000 per day beyond the abatement rate
What are facts regarding a light-duty or return to work program
- Program should be in writing and communicated to all employees
- Company’s commitment to getting injured employees back to productive work should be highlighted
- Trusting relationship be established w/ medical provider-employee-company
Type of OSHA standard that are provisions that apply to a wide variety of operations and industries
Horizontal standard
Example: Respiratory Protection
Which agency is responsible for automobile safety with a mandate to reduce accidents on the nations highways?
NHTSA- National Highway Traffic Safety Association
Which standard covers hazard communication?
1910.1200
Type of OSHA standards that are provisions that apply to only one type of industry or activity, or are applied differently across industries
Vertical standards
Ex. Fall Protection
Marshall v. Barlow was a decision of the US Supreme Court that was a major loss for OSHA. What was the main legal issue of the case?
Right of Entry
Breach of contract law when a buyer is injured while using a product as intended
Implied warranty
-Further divided into merchantability and fitness for a particular purpose
Type of OSHA standard that are fixed requirements stipulating dimensions, materials, types, etc…
Specification Standards
Example: Guardrails
Which OSHA standard covers Control of Hazardous Energy?
1910.147
Facts about General Duty Clause
Section 5 (a) (1) of the OSH Act States that “employers shall furnish employment and a place place free from recognized hazards that are causing or likely to cause death or serious physical harm to employees
When an employer receives a citation from OSHA, how long and where must they post it?
Must post it at or near the location where the incident occurred for 3 days or until the hazard is abated, whichever is longer.
A person who is capable of identifying existing and predictable hazards in the surroundings or working conditions and who has authorization to take prompt corrective measures to eliminate them
Competent Person
Person ASSIGNED by the employer to perform specific type of duty or be at a specific location
Designated person
According to 1926, what is the trigger height for fall protection in sub part R (steel erection) for the controlled decking zone?
Up to 30 ft (15-30 ft)
What is the current PEL for asbestos?
0.1 fiber/cc
Part of insurance contract that lists provisions that must be met or the claim can be denied
Conditions section
A person who possesses a recognized degree, certificate, or professional standing, or by extensive knowledge, training, and experience, has successfully demonstrated their ability to solve problems of the subject matter or project
Qualified person
