Legal And Ethical Issues Flashcards
0
Q
System of legal deference within judicial system
A
- Deference is accorded to higher courts within same jurisdiction
- State courts over local courts
- Appellate courts over lower courts
- Supreme court over appellate court
1
Q
Common law
A
Body of law formed by court decisions of individual disputes that establishes judicial precedent
2
Q
Common law rules change based on…
A
Changing societal values, norms and cultures
3
Q
Statues
A
- Laws created by state or federal legislatures
- Modify existing law or regulate new subject matter
- Responsibility for promulgating rules can be delegated to an administrative agency
- May preempt rules and regulations of administrative agencies
- Reflect societal norms and social order
4
Q
Federal law
A
- Based on the United States Constitution
- Basis for all other laws
- State statutes must comply with and be at least as strict as
5
Q
State law
A
Regulates activities within the state’s jurisdiction
6
Q
Civil law
A
Addresses the rights and duties of persons within a particular state
7
Q
Criminal law
A
Enacted to preserve public order
8
Q
Administrative law
A
Consists of rules and regulations established by administrative agencies within each state that give effect to the state laws
9
Q
Tort
A
Refers to a private wrong against the person or property of another.
These wrongs are compensated with money damages
10
Q
Examples of torts
A
- Fraud
- Invasion of privacy
- Defamation
11
Q
Nursing negligence
A
The omission (failure to do something) or commission (doing something) that violates that standard of care of an occupational and environmental health nurse
12
Q
Standard of care
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Refers to what the average, reasonable and prudent occupational and environmental health nurse would do in the same or similar circumstances
13
Q
Duty
A
The obligation that an occupational and environmental health nurse has to workers in a specific work setting to prevent foreseeable harm
14
Q
Breach of duty
A
Occurs when the occupational and environmental health nurse fails to provide care according to the reasonable occupational health nurse standard
15
Q
Examples of negligence
A
- Failure to assess and make proper nursing diagnosis
- Failure to observe and monitor
- Failure to take action
- Failure to communicate danger
- Delay in obtaining assistance
- Medication errors
- Failure to obtain informed consent
16
Q
Informed consent
A
A worker’s decision about a treatment or action plan is made with a clear understanding, including material risks, benefits and alternative treatments
17
Q
To give informed consent, the worker must be advised of the following…
A
- Nature and purpose of proposed treatment
- Diagnosis
- Material risks of proposed treatment
- Alternative treatments
- Consequences of lack of treatment
18
Q
Purposes of informed consent include…
A
- Allows the worker to make a decision based upon all known information
- Ensures accountability of health professionals
19
Q
In order to be valid, informed consent must have the following characteristics…
A
- Given freely and without coercion
2. Given with full understanding
20
Q
The person giving informed consent must be…
A
Competent
- Mentally
- Physically
- Legally
21
Q
Malpractice
A
Negligence that involves professional misconduct or unreasonable lack of skill
22
Q
Statute of limitations
A
The period of time within which a lawsuit must be filed after a tort occurs
23
Q
Statute of limitations for negligence
A
2 years
24
Statute of limitations for malpractice
1 year
25
Occupational and environmental health nurses are responsible for maintaining a current knowledge of laws affecting occupational health practice in the jurisdiction they practice including:
1. Changes in state administrative rules for the practice of nursing (State Board of Nursing)
2. Changes in state administrative rules that affect the practice of the occupational and environmental health nurse (State Board of Pharmacy or State Board of Medicine)
3. Changes in state and federal legislation that affect the practice of the occupational and environmental health nurse (laws)
26
Why may there be inconsistencies in occupational and environmental health between actual practice and legal guidelines of practice
Because of the dynamic and evolving nature of occupational and environmental health
27
Why may interpretation of laws, rules, and regulations change?
- they are dynamic
| - they will change as new cases are decided (common law) and legal precedents are established
28
OSH Act was signed into law on
December 29, 1970
29
The purpose of OSH Act is to...
Assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources
30
OSH Act applies to:
Employers and workers within the United States and any territory under US jurisdiction
31
The OSH Act does not apply to:
1. Self employed persons
2. Immediate members of farm families that do not employ outside workers
3. Industries regulated by other federal agencies or state and local governments
32
Examples of industries regulated by federal agencies or state and local governments
1. Mining
2. Nuclear
3. Air transportation
33
------ was created as a result of the OSH Act
OSHA
34
OSHA is a regulatory agency within.....
The US Department of Labor
35
OSHA is responsible for....
Enacting, administering and enforcing standards to provide workplace health and safety
36
OSHA was the first attempt by Congress to....
Provide a comprehensive program to protect the health and safety of American workers
37
States may choose to administer their own occupational helth and safety program with the following provisions:
1. OSHA approves the state program
2. State's program applies to all workers and includes state, local and private sector workers
3. The state's statutes must be as strict as federal OSHA requirements; otherwise OSHA standards apply- states can be more restrictive
38
States and territories with Occuaotional Safety and Health Adminstrations
1. Alaska
2. Arizona
3. California
4. Connecticut
5. Hawaii
6. Indiana
7. Iowa
8. Kentucky
9. Maryland
10. Michigan
11. Minnesota
12. Nevada
13. New Jersey
14. New Mexico
15. New York
16. North Carolina
17. Oregon
18. Puerto Rico
19. South Carolina
20. Tennessee
21. Utah
22. Vermont
23. Virginia
24. Virgin Islands
25. Washington
26. Wyoming
39
States and territories with Occupational Safety and Health Administrations that cover public sector employees only
1. Connecticut
2. New Jersey
3. New York
4. Virgin Islands
40
General Duty Clause of the OSH Act:&
Employers are require to furnish all workers with employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm
41
The General Duty Clause can be invoked for.....
Hazards not covered by an OSHA standard as an important means of protecting workers, because setting standards is often a slow process
42
OSHA has the responsibility to ------------- in accordance with Section 6 of the OSH Act
Promulgate legally enforceable occupational health and safety standards
43
Standards are developed to
Eliminate or reduce risks
44
OSHA standards must be....
Reasonably necessary or appropriate to provide safe of healthful employment and places of employment
45
The development of OSHA standards is an ---- process
Interdisciplinary
46
OSHA standard development involves individuals from the fields of:
1. Healthcare
2. Epidemiology
3. Law
4. Economics
5. Industrial hygiene
47
OSHA standards are written by:
OSHA employees and invited consultants
48
OSHA standards are developed by a.....
Public rule making process
49
Features of the public rule making process by which OSHA standards are developed:
1. Public notice
2. Public hearings
3. Public comment
50
Public notice
The proposed standard and date of public hearing, which are published in the Federal Register
51
Public hearings
Scheduled forums for public input
52
Public comment
Written or offered at public hearing
53
OSHA can implement -------as proposed permanent standards and are effective for -----
Emergency standards
| 6 months
54
There are ----- standards that have medical surveillance provisions
23
55
OSHA standards requiring medical surveillance
1. Acrylonitrile
2. Arsenic (inorganic)
3. Asbestos (general industry)
4. Asbestos (construction and shipyards)
5. Benzene
6. Blood borne pathogens
7. 1,3-Butadiene
8. Cadmium
9. Carcinogens (suspect)
10. Coke oven emissions
11. Compressed air environments
12. Cotton dust
13. DBCP
14. Ethylene oxide
15. Formaldehyde
16. HAZWOPER
17. Hazardous chemicals in laboratories
18. Lead
19. Methylenedianiline
20. Methylene chloride
21. Noise
22. Respiratory protection
23. Vinyl chloride
56
Z tables
- OSHA part 1910 Occupational Safety and Health Standards sub-part Z
- series of tables
- lists permissible exposure limits for substances for which specific standards are in place and for those which a standard has not been generated
57
OSHA is authorized to enforce established standards by....
Performing inspections, with or without advance notice to the employer
58
OSHA inspections may include:
1. Review of records
2. Walk-through
3. Worker interviews
59
OSHA has established a system of inspection priorities; inspections occur in the following order:
1. Imminent danger situations
2. Fatalities and catastrophes resulting in hospitalization of three or more workers
3. Worker complaints of alleged violation of standards or of unsafe or unhealthful working conditions
4. Follow up inspections
5. Planned inspections
60
Imminent danger situations
When there is reasonable certainty that danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures
61
Fatalities and catastrophes resulting in hospitalization of three or more workers must be reported to OSHA by the employer within.....
8 hours of the incident
62
Purpose of follow up inspections
To confirm abatement of previously identified violations
63
Planned inspections are aimed at....
Special high hazard industries, occupations or substances
64
------ or ------- may request OSHA to perform an inspection
Workers
| Authorized worker representatives
65
If an inspection occurs, the employer has the right to:
1. See a copy of the complaint
| 2. Right to refuse entry without a court order
66
The worker who files the complaint has the right to...
Have name withheld from complaint if requested
67
OSHA consults with business and industry about health and safety issues; these consultation services primarily target.....
Small businesses
68
The OSHA consultation service is a ------- program
Voluntary
69
Focus of OSHA consultation service
Lending assistance to employers to make the workplace free or safe from recognized hazards
70
OSHA consultation service is not....
- Punitive
| - Employers who use it are not subject to fines as long as they make efforts to correct deficiencies
71
Employers can request OSHA consultation to accomplish the following:
1. Identify and correct hazards
2. Provide technical assistance related to work site hazards
3. Provide education and training to health and safety personnel
72
OSHA consultation service is funded by....
OSHA
73
OSHA consultation services is delivered by....
State governments using well trained professional staff
74
OSHA provides basic to advanced occupational health and safety classes through....
The OSHA Training Institute
75
OSHA's Voluntary Protection Program (VPP) was adopted in...
1982
76
VVP was initiated as a cooperative effort among:
1. Industry management
2. Labor
3. OSHA
77
Purpose of VPP
To recognize excellence in employer-provided programs and services that go beyond basic regulatory compliance
78
VPP requirements include the following:
1. A comprehensive written program demonstrating management commitment and planning
2. A thorough worksite analysis
3. Hazard prevention and control systems
4. Safety and health training
5. Active worker involvement
6. A lost workday case rate of below 50% of the national average for the specific industry
7. Periodic program evaluation with annual report submission
8. Worker commitment
79
How is a lost workday case rate that is below 50% of national average determined?
Based of review of 3 years of OSHA 300 logs
80
VPP award levels
1. Star
2. Merit
3. Star demonstration
81
Star award level
Exemplary work sites with comprehensive, successful safety and health management systems
82
Merit award level
- Effective stepping-stone to "star"
- have good safety and health management systems
- systems need some improvement to be judged excellent
83
Star demonstration level
Designed for worksites with Star quality safety and health protection to test alternatives to current Star requirements
84
In -----, OSHA instituted measures to ensure nursing representation in policy making
Nursing
85
The first occupational health nurse was hired by OSHA in.....
1988
86
An Occupational Health Nurse Intern Program was introduced in...
1988
87
The Occupational Health Nurse Intern Program is a available to....
Nurses in graduate school who are specializing in occupational health
88
The Office of Occupational Health Nursing was formally recognized and established
1993
89
NIOSH was created by....
The OSH Act
90
NIOSH is an institute within
Centers for Disease Control and Prevention (CDC) which is a part of US Department of Health and Human Services (US DHHS)
91
NIOSH functions
Conducts or funds occupational health and safety research to establish safe levels of toxic materials
92
NIOSH research is the basis for...
OSHA standards
93
NIOSH also provides training and education to...
Occupational health and safety professionals, including graduate programs for occupational health nurses
94
Occupational Safety and Health Review Commission (OSHRC)
An independent regulatory commission authorized by the OSH Act
95
OSHRC members are appointed by
The president with senate approval
96
OSHRC is responsible for...
Handling appeals filed by employers who have received OSHA citations
97
Employers must file a Notice to Contest within ----- of receiving an OSHA citation
15 days
98
OSHRC assigns the appeal to an....
Administrative appeal judge
99
Appeal of an OSHRC decision is made to a....
US Court of Appeals
100
The ADA is....
Wide-ranging legislation intended to make American society more accessible to people with disabilities
101
Disability is defined as:
1. A physical or mental impairment that substantially limits one or more major life activities
2. A record of such impairment
3. Being regarded as having an impairment
102
Title I of the ADA applies to.....
Employers (including public and pirate employers, employment agencies and labor unions) with more than 15 employees
103
Businesses must protect the rights of ---------------------- in all aspects of employment including the........
Qualified individuals with disabilities
```
Application process
Hiring
Firing
Compensation and benefits
Training
```
104
A qualified person with a disability is one who...
Can perform the essential functions of the job with or without reasonable accommodation
105
Reasonable accommodation is.....
Any modification or adjustment to a job or work environment that will enable a qualified applicant or worker with a disability to participate in the application process or perform essential job functions
106
Reasonable accommodation may include the following:
1. Making existing facilities used by workers readily accessible to and usable by persons wi disabilities
2. Restructuring the job, modifying work schedules or reassigning the worker to a vacant position
3. Acquiring or modifying equipment or devices; modifying examinations, training material or policies; or providing qualified readers or interpreters
107
Considerations related to providing reasonable accommodation include the following:
1. Decisions should be made by a multidisciplinary team that includes health and safety professionals, human resources staff and management
2. The affected worker should be consulted regarding accommodations
3. Community resources and national agencies can provide information that can assist with the process of accommodation
4. The "reasonableness" of accommodation is based on cost and impact on business
108
The ADA affects employment inquiries and medical examinations in the following ways:
1. Employers may not ask job applicants about the existence, nature or severity of a disability; however, they may ask about the applicant's ability to perform specific job functions
2. A medical examination may be performed after a conditional offer of employment has been made, if examinations are required for all entering workers in similar jobs; the post-offer examination does not have to be job related
3. There are specific requirements that the employer needs to show if the individual is not hired because of the post offer examination
4. Post offer examinations may disqualify a person if it is determined the individual poses a "direct threat" in the workplace
5. After a person is employed, any medical examination or medical inquiry must be job-related and consistent with business necessity
6. Results of medical examinations must be maintained in a confidential manner in medical files that are separate from other worker information and available under limited conditions
109
The ------- enforces and regulates Title I of the ADA
EEOC
110
29CFR825.118
Family Medical Leave Act (FMLA) of 1993
111
FMLA entitles eligible workers to take up to --- of unpaid, job protected leave in a --- period
12 weeks
| 12 month
112
FMLA entitles workers to take leave for the following reasons:
1. The birth and care of the worker's newborn child
2. Adoption of foster placement of a child with the worker
3. The care of a parent, spouse or child with a serious health condition
4. The worker's inability to work because of a serious health condition
113
To be eligible for leave under the FMLA, the following conditions must be satisfied:
1. The worker must work for a covered employer in a covered location
2. The worker must have worked for the employer for a total of 12 months and worked at least 1,250 hours during the 12 months immediately before the leave
114
Under FMLA what constitutes a covered employer in a covered location
At least 50 workers employed within 75 miles
115
In some circumstances, workers may take FMLA leave on an -------- basis
Intermittent
116
Under FMLA a serious health condition means...
An illness, injury impairment or physical or mental condition for various reasons
117
Defined by FMLA a serious health conditon is an illness, injury impairment or physical or mental condition that involves one of the following:
1. Hospital care
2. Absence plus treatment
3. Pregnancy
4. Chronic conditions requiring treatments
5. Permanent/ long-term conditions requiring supervision
6. Multiple treatments (non chronic conditions)
