ARSON INVESTIGATION, SAFETY MANAGEMENT OSHA QUIZ #1

What does the acronym “OSHA” stand for?

Occupational Safety & Health Administration

Loss Prevention:

Describes a program designed to identify and correct potential accident problems before they result in financial loss or injury.

Loss Control:

A program designed to minimize incident-based financial losses.

Safety:

Encompasses the responsibilities of planning, organizing, leading and controlling activities necessary to achieve an organization’s loss prevention & loss control goals.

Risk:

The measure of the probability and severity of a loss taking place.

Hazard:

A workplace condition or worker action that can or has the protential to result in injury, illness, property damage, interruption of a process or activity.

Accidents:

Unplanned events, resulting in injuries or damage that interrupt routine operations.

What is the OSHAct of 1970?

OSHA Act of 1970 was passed by congress 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.

How is the OSHAct coverage provided to employees?  

OSHA does conduct federal workplace inspections in response to employees reports of hazards as part of special program, identifying federal workplaces with higher-than-average rates of injuries and illnesses.

Can OSHA fine another Federal Agencies for “Failure to Comply”?

No, because OSHA can not fine federal agencies.

Does the OSHAct apply to state or local government employees?

OSHA provisions do not apply to state and local governments employees.

Who is required to maintain records of occupational injuries and illness?

Employers of 11 or more individuals are required to maintain records of occupational injuries and illnesses.

What are the four OSHA Standards categories?

• General Industry

• Maritime 

• Construction

• Agriculture

When OSHA doesn’t have a specific standard for a particular industry that industry’s employees fall under which OSHA category?

If no specific standard exists for a particular industry, it falls under General Industry.

Describe a “Consensus Standard.”

Consensus standards are developed by industry wide, standard developing organizations, discussed and substantially agreed upon by the industry.

Describe a “Proprietary Standard.”

Proprietary standards are prepared by professional experts within specific fields, societies and associations, determined by membership vote.

Where can the written OSHAct be found?

OSHA Act appears in Code of Federal Regulations (CFR 29)

Willful Violation:

Where an employer knowingly disregards safety laws.

Serious Violation:

For hazards likely to cause death or serious harm.

Other than serious violation:

 For violations that create a safety risk but aren't likely to result in death or serious harm

Repeat violation:

When a business, previously cited for a violation, does not correct it, or an inspection finds a very similar violation.

What is the difference between Common Law and Statutory Law?

 Common Law is a body of unwritten laws based on judicial decisions of the past and Statutory Law is prepared and enacted by legislative bodies.

Prior to Workers Compensation Laws, what recourse did employees have if they were injured at work?

Prior to these laws, the employee had to sue the employer under civil law, a form of common law.

What are some of the issues with “No-Fee” lawyer representation in relationship to Worker’s Compensation laws and actions?

 Lawyers take lawsuits, with no money up front, and only get paid if they win, this is a flaw with the worker’s comp laws.

Are there limitations to Worker’s Compensation laws?

If yes, what are they?

Benefits are limited to 2/3 of the worker’s wages or capped at a given dollar amount per month depending on the state.

Why are these limitations in place?

 If workers received full pay, there could be an incentive not to return to work.

What employees are exempt from Worker’s Compensation laws?

 Domestic servant in a private home

- Employed for not exceeding 20 consecutive workdays

- Services in return for aid or sustenance only

- Employed in agriculture

- Driver or passenger in a voluntary vanpool or carpool

When are employers required to maintain OSHA records (which Worker’s Comp. can use?)

 Employers with 11 or more employees are subject to OSHA record keeping.

 Under Worker’s Comp. laws what is the difference between and “injury” and an “illness”?

Injuries include but not limited to cuts, fractures, sprains or amputation and illnesses include those that are both acute and chronic, include but not limited to skin diseases, respiratory disorder or poisoning.

Are all work related injuries & illnesses reportable under Worker’s Comp./OSHA  law?

Yes

Describe the difference between Criminal Law & Civil law.

Criminal law is addressed through prosecution, and penalty is either a fine or imprisonment and civil law is addressed in the courts through litigation and penalties, monetary damages.

What is a “Tort”?

Torts is an act, or absence of an act, causing a person to be injured, a reputation to be marred,  or property to be damaged.

Assault:

Occur when words or actions cause another to fear personal harm or offensive contact, injuries occur.

Battery:

Harmful or offensive bodily contact.

Defamation:

The act of injuring another individual's reputation by disgracing or diminishing that person in the eyes of others.

Negligence:

Involves creating an unreasonable risk of harm due to failure to exercise reasonable care.

Intentional Tort:

To successfully sue, you need to show a preponderance of evidence.

Preponderance of Evidence:

legal standard of proof where one party must show that their claim is more likely true than not true, with a greater than 50% chance of being correct.

What is the Consumer Product Safety Commission’s Product Safety Act?

Reasonably necessary to prevent or reduce an unreasonable risk of injured associated with products.

Strict Liability:

The concept that a manufacturer of a product is liable for injuries received due to product defects.

Negligence

 The failure of the manufacturer to exercise reasonable care.

Breach of Express Warranty:

Occurs when the product does not meet the claims made by the manufacturer and as a result damage or injury occurs.

Breach of Implied Warranty:

Occurs when a product fails to fulfill the purpose for which it was intended.

To support a product liability lawsuit what evidence must the plaintiff present to support the claim?

 With the exception of express warranty cases the plaintiff must prove

the following

- The product was defective

- Defect existed at the time it left the defendants hands

- Defect caused the injury or harm and was proximate to the injury