Reference no: EM13846236

Question 1 When OSHA requests a court to issue a warrant, it must establish what to justify the search?

a relaxed possible cause standard

historical record of violations

a relaxed probable cause standard

none of the above, because it has the right to do so without justification based on Section 8(e)

Question 2 All of the following factors are used to determine if the common law audit attorney/client privilege exists except which one?

Whether there is a low public interest in encouraging audits of this type to be considered.

Whether there is a strong likelihood that not applying the privilege in this context will discourage companies from conducting these types of audits.

Whether the information at issue was generated in the course of a self-audit conducted by the company.

Whether the company intentionally preserved the confidentiality of the information.

Question 3 All of the following are ways for the employer to attempt to challenge a warrant in federal court (after a compliance officer arrives at the workplace already armed with the warrant) except which one?

Refuse entry to the compliance officer and wait to defend the Secretary of Labor's motion for contempt.

Permit the inspection to proceed under protest and later move to suppress the evidence gathered during the inspection.

Refuse entry to the compliance officer and go to the federal court to preemptively challenge OSHA's right to a warrant.

Refuse entry to the compliance officer and move to quash the warrant.

Question 4 What gives a company the ability to literally inspect itself and thereby find and resolve problems before they become legal liabilities?

Cost benefit analysis

Consultants

Auditing

Because it was the right thing to do

Question 5 What term is applied to a privilege created by the courts, as opposed to that created by a legislature?

Congressional

Presidential

Judicial

Common Law

Question 6 What section of the Act and what records will a compliance officer cite and ask for in an opening conference?

Section 8 (d), and OSHA Form 203-207

Section 8 (e), and Hazardous Materials Inventory

Section 8 (c), and OSHA Form 300 (OSHA 300 Log)

Section 8 (c), and OSHA Form 200

Question 7 Which of the following statements is false?

The evidence collected by compliance officers during walk arounds will be used by OSHA to prove alleged citations.

A pre-citation settlement can be a favorable way to resolve an enforcement action.

It is a good idea to keep a duplicate copy of all documents produced to OSHA to help for negotiations or hearings.

A good resource to help understand OSHA inspections is OSHA's Compliance Understanding Catalogue.

Question 8 Confidentiality is a critical factor for securing the common law audit privilege. What case showed that, like other evidentiary privileges, this privilege is considered waived if the information at issue has been disclosed to third parties?

Upjohn v. United States

Price v. County of San Diego

Reich v. Hercules

Peterson v. Chesapeake & Ohio Ry. Co.

Question 9 What does OSHA need before it enters any private premises for inspection purposes?

evidence of a violation

eye witness account of a violation

written account of a violation

a legal warrant or consent from the employer

Question 10 All of the following happen at an "opening conference" except which one?

The compliance officer will inquire whether a union represents the employees.

The compliance officer will offer to fax or send certification credentials to the employer

The employer is told of the planned scope of the inspection

The compliance officer will identify the records he would like to review during his inspection

Question 11 Briefly outline the purpose, scope, provisions and limitations of OSHA's Voluntary Self-Audit Policy. What are the risks to your company of this approach to achieving a safe work environment?

Please provide approximately 200-300 words and a reference citation for your source material in your response.

Question 12 What are the key points that should be covered during an opening conference, both from the OSHA Inspector and from you, the safety/health/environmental manager?

Please provide approximately 200-300 words and a reference citation for your source material in your response.