OSHA

Question 1

Occupational Safety and Health Act

OSHA

Answer 1

Passed with the purpose of promoting information about and the correct standards for dealing with activities on the job

IN has own OSHA plan that meets minimum federal standards

Question 2

EEs Covered by OSHA

Answer 2

Governed by Right to Control Test

Covered ERs must report accidents for any EEs they “supervise”

Question 3

ERs Covered by OSHA

Answer 3

Most private ERs

Postal Workers

Question 4

ER’s Duties under OSHA

Answer 4

Provide workplace for EEs free from recognized hazards that are causing or are likely to cause death or serious physical harm

Question 5

OSHA Violation

Answer 5

OSHA must show that the employer failed to provide a workplace that was:

(1) Free of a RECOGNIZED HAZARD;
(2) That was CAUSING or LIKELY TO CAUSE death or serious physical harm

Question 6

ER’s Challenge to OSHA Regulation

Answer 6

ER may challenge within 60 DAYS of promulgation

Question 7

ER’s Challenge to OSHA Citation

Answer 7

ER must file notice to contest within 15 DAYS

Question 8

Workplace Inspections

Answer 8

If no consent, OSHA must obtain warrant

Warrant may be issued based on a reduced probable cause standard

Question 9

EE’s Retaliation Protection

Answer 9

EEs cannot be discriminated against for exercising their rights under OSHA

EE must file retaliation complaint with OSHA within 30 DAYS of retaliatory action

Question 10

Smoking at Work

Answer 10

ER must prohibit smoking in enclosed workplace and within eight feet of any public entrance to enclosed workplace

DOES NOT APPLY TO: Taverns, bars, gambling facility, private club, among others.