Administration, Statutes, and Regulations

Environmental health technicians' assignments differ from REHS/RS' assignments in that:

A. A technician's job is more time-consuming but less difficult

B. REHS/RS jobs are more time-consuming but less difficult

C. Technicians are not required to resolve problems that require the application of new methods and techniques or those that require action beyond the specific work assignment

D. REHS/RS are required to resolve problems but are not required to take action beyond specific work assignments

C

To have a successful environmental control service, the retention of competent personnel is a primary concern. Which of the following is/are required to retain competent personnel?

A. Adequate salaries

B. Pleasant, stimulating working conditions

C. A dynamic and challenging program

D. All of the above

D

The changing role of EHS, including their duties of administering services to the public, has been brought about largely due to

A. Adequate intelligence data on environmental trends showing the urgency for action

B. Stricter governmental control

C. Public recognition of the problems and the desire for higher quality of life

D. None of the above

C

The ____ is responsible for preparation of documents to guide environmental health administrators and planners in the development of appropriate programs.

A. WHO

B. APHA

C. US EPA

D. PHS

D

RS/REHS must obtain which of the following minimum educational requirements?

A. Associate degree in environmental health

B. Associate degree in science

C. Baccalaureate degree

D. Master's degree

C

The statement of goals and objectives should recognize environmental quality and community needs such as

A. Clean air

B. Clean food service establishments

C. Decent housing

D. All of the above

D

Since competent direction is essential to a divisional program's effectiveness, it is important to offer

A. Bonus salaries

B. Marginal salaries

C. A structured, incremental pay plan

D. None of the above

D

The terms "goals" and "objectives" are sometimes used interchangeably; however, objectives should be considered as

A. A general direction

B. The final purpose or aim that can be measured

C. The idea which is always realized

D. The realistically attainable ends

D

All of the following describe objectives used in environmental quality planning except

A. Non-measurable

B. Realistically obtainable

C. Obtainable in a specified time period

D. Specifically measurable

A

What should be done after the project is an ongoing program?

A. Go to the next problem

B. Have a cost analysis done

C. Reevaluate goals and objectives; refine program

D. Analyze collection of consideration factors

C

A program plan should be developed for each of the program activities. This plan should list which of the following criteria for each activity?

A. Work load and methods to meet program objectives and financing

B. Resource requirements, goals and objectives

C. Need for the program, evaluation, and law

D. All of the above

D

Self-imposed health risk factors include

A. Exposure to sunlight

B. Diet

C. Smoking

D. All of the above

D

Standards must be scientifically supported, understandable, measurable, and

A. Traditional

B. Acceptable to all parties involved

C. Enforceable

D. Rigid

C

An administrative process of measuring and analyzing results in relation to specific goals, objectives, aims, or targets is

A. Record keeping

B. Daily activity reports

C. Coding

D. Evaluation

D

In order to perform an evaluation, the data collected must be reliable. Which of the following is not a definitive characteristic of reliability?

A. Consistent

B. Easy to obtain

C. Reproducible

D. Precise

B

In order to perform an evaluation, it is necessary that the data or information collected be

A. Current and applicable

B. Organized and understandable

C. Valid and reliable

D. Unbiased and reliable

C

A disease condition which occurs for three months or more is called

A. Acute

B. Chronic

C. Symptomatic

D. Degenerative

B

A well developed _____ activity report can serve practically all the reporting needs of an organization for statistical purposes

A. Daily

B. Weekly

C. Monthly

D. Yearly

A

The McBee system (for record keeping) is suitable when the maximum number of cards per sorting does not exceed

A. 500

B. 800

C. 1000

D. 1500

C

Which of the following is the most critical step needed before detailed information is collected?

A. Determining how the information will be sued

B. Determining how often the information will be updated

C. Determining how much time will be needed for data collection

D. Determining how much time will be needed for the record-processing unit to enter the data

A

Field observations are not always reported in total because

A. The reported forms are usually inadequate

B. The significance of the data is not understood

C. The field staff are instructed to limit observations

D. The supervisor may insist on reinspection

A

In an environmental control statistical report for program, the "total man-days expended" will

A. Include the total number of premises or initial services in each program activity for which the local health is responsible

B. Refer to the number of premises where an annual, routine, or special inspection was made for the first time during the year

C. Show the type and amount of manpower allocated to each of the program activities

D. None of the above

C

A comprehensive inspection of an establishment when it is first brought under department control is a(n) ____ or ____ inspection

A. 3-, 5-year

B. Floor plan, flood diagram

C. Necessary, required

D. Initial, complete

D

The ____ inspections are annual or scheduled inspections to determine compliance with laws, codes, rules and regulations.

A. Initial

B. Complete

C. Routine

D. Reinspection

C

Which type of inspection would be completed prior to legal action?

A. Reinspection

B. Routine

C. Complete

D. Initial

A

The agencies general administrative plan provides the basis for

A. Search warrant

B. Administrative warrant

C. Seizure

D. None of the above

B

Which article of the US Constitution protects a nonpublic area from unreasonable searches and seizures?

A. III

B. IV

C. V

D. VI

B

A standard for dishwashing that states the "total bacterial count should not exceed one hundred per utensil surface area" is an example of what type of objective?

A. enforceable

B. specification

C. compliance

D. performance

D

The number of inspections divided by the number of workdays should equal which of the following.

A. Average number of inspections per workday

B. Average number of hours per inspection

C. Average number of city inspections per workday

D. Average number of county inspections per workday

A

____ is the failure to perform an official duty without sufficient excuse.

A. Nonfeasance

B. Misfeasance

C. Malfeasance

D. A or B

A

An example of ____ is closing down an establishment without first giving a required statutory notice.

A. Malfeasance

B. Nonfeasance

C. Misfeasance

D. None of the above

C

The number of inspections of a facility should be based on

A. the risk of illness, injury or death

B. the number of sanitarians employed within a specific location

C. the previous inspection records on the facility over a period of time

D. the number of times foodborne outbreaks have occurred within that facility

A

Which of the following statements is true regarding an inspection efficiency rating?

A. The average amount of time required for each inspection must be determined by the administrator of the sanitation program

B. The quality of the inspections should be emphasized over quantity

C. The numerical rating obtained per year is less important as the relative change from year to year

D. It is not possible to receive a rating over 100 percent

B

______ is the doing of an authorized act in an unauthorized manner.

A. nonfeasance

B. misfeasance

B. malfeasance

D. feasance

B

From a legal standpoint, which of the following is true regarding enforcement of standards?

A. A federal standard is easier to enforce than a state standard

B. A state standard is easier to enforce than a federal standard

C. A performance standard is easier to enforce than a specification-type standard

D. A specification-type standard is easier to enforce than a performance standard

D

When a health violation is classified as a misdemeanor, it can be more readily resolved by ______.

A. criminal proceedings

B. civil action

C. immediately closing the facility

D. a subpoena

B

An action authorized by law to restrict or prevent the movement of goods for the protection of public health, safety and welfare is called a/an

A. injunction

B. embargo

C. order of cease and desist

D. subpoena

B

Legal proceedings to enforce a law may include

A. issuance of an order to eliminate a violation

B. suspension of a permit

C. civil sanction

D. all of the above

D

Education should start with planned, routine, intensive in-service training of

A. division directors

B. owners of food service facilities

C. all field and office personnel

D. septic tank contractors

C

Letter and report writing are effective means of acquainting ______ with the diversity and complexity of a facility's problems.

A. Local officials

B. Establishment owners

C. the general public

D. Lawmakers

C

If permitted under existing laws, which of the following is the most effective technique for ceasing operation of an establishment?

A. A mandatory injunction

B. Revoking a license

C. An injunction

D. Lawmakers

B

Administrative hearings can be useful because

A. They get the attention of the CEO

B. They educate the organization about the law

C. They avoid media attention

D. All of the abovw

B

In many cases the only contact many people have with a control agency such as a health department is through which of the following avenues of communication?

A. Phone

B. Personal meetings

C. Public meetings

D. Letter

A

The organizational structure used to provide environmental protection services should include

A. clinics, sections, and bureaus

B. bureaus, consultants, and specialists

C. units, bureaus, and sections

D. specialists, clinics, and bureaus

C

Inspections of nonpublic areas can be made by consent of the owner or occupant and

A. on the basis of a general administrative plan

B. whenever premises are vacant

C. whenever premises are unlocked

D. without regard to requests or demands that inspectors leave the premises

A

In preparing a legal action, one of the first steps a sanitarian should do is to

A. obtain a warrant

B. obtain a court order

C. keep very accurate records

D. check with other agencies

C

The random inspection approach

A. averages out in the end

B. fails to focus on recurring problem inspections

C. is the most comprehensive

D. alleviates staff shortage

B

The effectiveness of an inspection program depends on technical competence and the ____ of regulatory staff

A. academic degrees

B. physical qualifications

C. genealogy

D. attitude

D

Environmental health regulatory staff must be ____ first and foremost

A. enforcers

B. educators

C. undergraduates

D. legislators

B

When an order has been ignored, the next step is to:

A. issue a second order

B. hold an administrative hearing

C. obtain a subpoena

D. obtain a warrant

B

The general administrative plan of an agency program provides the basis for

A. a search warrant

B. an administrative warrant

C. a seizure

D. none of the above

B

Which amendment of the U.S. Constitution protects a nonpublic area from unreasonable searches and seizures?

A. III

B. IV

C. V

D. VI

B

The legal authority to conduct a routine environmental health inspection is:

A. explicitly stated in the U.S. constitution

B. inherent in a health agency

C. granted by judicial decree

D. delegated by the legislature

D

When a business authority refuses consent to an inspection, the most appropriate action is to:

A. close down the business until it can be inspected

B. return later with an inspection warrant obtained through an appropriate court

C. request the objector to state in writing the reason for refusal

D. ignore the objection and proceed with the inspection

B

An individual's right to be treated with at least a minimum of decency and fairness by governmental officials is guaranteed by the provision of:

A. states rights

B. home rule

C. equal protection

D. due process

D

In planning and implementing an environmental health investigation it is necessary to follow explicit procedure in an ordinance because:

A. this is the most efficient process

B. such action is required by due process

C. computer data processing techniques are enhanced

D. such action is required by supervisory staff

B

At a trial, the technical person called as a witness should:

A. answer all questions truthfully and directly

B. refer to notes given by the prosecuting attorney

C. volunteer as much information as possible to all questions

D. refuse to answer questions he feels are improper

A

Which of the following is generally most useful as legal evidence?

A. a chronological summary of related events

B. original field notes

C. a photocopy of office records and correspondence

D. a published report

B

A correct statement about police power is that it:

A. is largely reserved for the federal government by the constitution

B. refers to the alleged abuse of persons arrested

C. cannot be used except by officially appointed police officers

D. is a plenary and inherent attribute of sovereign governments

D

According to the Freedom of Information Act, all of the following information must be available to the public except:

A. applications for federal licensing

B. medical records of personnel

C. decisions affecting agency policies

D. records of routine inspections

B

A warrant to conduct a routine inspection of a private dwelling should be obtained only:

A. after working hours

B. after consent has been refused

C. where surprise is important

D. in an emergency

B

An inspector's choice of embargo, seizure, or condemnation should be based on:

A. the political power of the owner, and informal agency policy

B. the inspector's preference

C. statutory authority and immediacy of risk

D. cost of items and epidemiological history

C

Following an inspection and the written report, and prior to leaving the site, it is desirable to:

A. inform the supervisor about how to correct the items noted

B. check bacteria counts and other available information

C. notify the office that the inspection has been completed

D. meet with management and discuss the significance of the items

D

If a health official failed to close a restaurant known to have imminent health dangers this is

A. misdemeanor

B. malfeasance

C. misfeasance

D. nonfeasance

D

The term applied to certain incorporated towns or cities in which the state constitution of legislature gives them the right to formulate and adopt city charters and regulate their own affairs is:

A. eminent domain

B. ultra vires

C. inherent law

D. home rule

D

What is the term given to organization wherein lines of authority and responsibility run upward and downward through several levels with a broad functional base at the bottom, and a single executive head at the top?

A. chain of command

B. scalar process

C. under defined organization

D. appellate system

B

A license can be revoked for all reasons except:

A. fraudulently obtained

B. conviction of a crime not related to intended purpose of license

C. violations of conditions of license

D. engaged in conduct presenting danger to public health or safety

B

What is the most important means of enforcement of the Federal Food Drug & Cosmetic Act?

A. embargo

B. licensing

C. registration

D. inspection

A

If a health official finds a nuisance while doing an inspection what is the most simple and practical method to correct the situation?

A. write a citation

B. have the owner correct the situation

C. seek a court order

D. threaten to close the establishment

B

In order to achieve a conviction for failure to obey a violation order, which conditions must be satisfied?

A. it must be shown that statutory authority for issuance of the order exists

B. the defendant had notice of the above

C. the defendant failed to heed the notice

D. all of the above

D

An inspection of a premise can lawfully be made in all of the following situations except:

A. when refused admission

B. with the consent of the owner

C. in an emergency

D. when a search warrant has been issued

A

A householder says to an inspector, "Go ahead and do your dumb inspection. You'll get in here somehow anyway" May the inspector perform the inspection?

A. yes, because consent, however reluctant, has been given

B. no, because the consent was reluctantly given

C. no, because consent must be given in writing for private homes

D. no, because the inspector must obtain a court order

A

Police power

A. Is derived from mostly federal laws

B. Is assigned entirely to the federal government by the constitution

C. Cannot be used except by police officers

D. Is almost exclusively left to individual States to establish and enforce laws for the citizen welfare

D

Which of the following is not a characteristic of a license or permit?

A. operates through the administrative lifting of a legislative prohibition

B. may be subject to certain specified conditions

C. allows the regulator to control the licensees activities by consent

D. is a semi-voluntary device to carry on his or her occupation with government approval

D

In legal terminology the power of condemnation is also known as

A. eminent domain

B. noscitur ad sociis

C. law of nuisances

D. judicial presumption

A

When is the sanitarian required to obtain a search warrant before entering and searching the kitchen of a restaurant?

A. When the owner has refused entry on prior occasions

B. When the owner has refused entry on this occasion

C. When the owner has not been given notice

D. When the owner is probably in violation of the regulations

B

Environmental Impact Statements are required by which federal act?

A. Resource Planning Act

B. Endangered Species Act

C. National Environmental Policy Act

D. Federal Land Management and Policy Act

C

Under negligence law, the sanitarian owes the public a duty:

A. to act as a reasonable person

B. to not hurt anyone

C. to assist them in whatever manner possible

D. to exercise high moral standards in the community

A