ASP Safety Compliance and Regulations 2 — Questions and Answers
Question 1: What is the OSHA General Duty Clause and when does it apply?
- Requires all employees to wear hard hats
- Section 5(a)(1) requires employers to provide a workplace free from recognized hazards likely to cause death or serious harm, applying when no specific standard exists (Correct answer)
- Requires safety training every quarter
- Mandates weekly workplace inspections
Correct answer: Section 5(a)(1) requires employers to provide a workplace free from recognized hazards likely to cause death or serious harm, applying when no specific standard exists
The General Duty Clause requires employers to provide a workplace free from recognized hazards, particularly when no specific standard addresses the hazard.
To cite a violation, OSHA must prove a hazard existed, the employer or industry recognized it, it was causing or likely to cause serious harm, and a feasible abatement existed.
Question 2: What are the four categories of OSHA violations from least to most serious?
- Informational, warning, citation, criminal
- Other-than-serious, serious, willful, repeated (Correct answer)
- Minor, moderate, major, critical
- Level 1 through Level 4
Correct answer: Other-than-serious, serious, willful, repeated
OSHA violation categories: other-than-serious, serious, willful, and repeated, with increasing penalty amounts.
Other-than-serious: up to $16,131. Serious: up to $16,131 mandatory. Willful: $11,524-$161,323. Repeated: up to $161,323. Criminal penalties apply for willful violations resulting in death.
Question 3: What is the purpose of OSHA's multi-employer citation policy?
- To ensure only one employer is cited per site
- To hold multiple employers responsible based on their role as creating, exposing, correcting, or controlling employer (Correct answer)
- To divide penalties equally among employers
- To exempt subcontractors from OSHA requirements
Correct answer: To hold multiple employers responsible based on their role as creating, exposing, correcting, or controlling employer
OSHA's policy allows citation of multiple employers based on their role with respect to the hazard.
Four categories: Creating (caused the hazard), Exposing (employees exposed), Correcting (responsible for fixing), and Controlling (authority over the worksite). A single employer may fall into multiple categories.
Question 4: What is a Permissible Exposure Limit (PEL) and who establishes it?
- A voluntary industry guideline
- A legally enforceable workplace exposure limit established by OSHA (Correct answer)
- A recommended limit from equipment manufacturers
- An environmental standard set by EPA
Correct answer: A legally enforceable workplace exposure limit established by OSHA
PELs are legally enforceable workplace air concentration limits established by OSHA.
Most PELs were adopted from 1968 ACGIH TLVs and have not been broadly updated. As a result, many are less protective than current TLVs or NIOSH RELs.
Question 5: What records must employers maintain under OSHA's recordkeeping standard (29 CFR 1904)?
- Only records of fatalities
- OSHA 300 Log, OSHA 300A Summary, and OSHA 301 Incident Report forms for recordable injuries and illnesses (Correct answer)
- Only workers' compensation claims
- Only chemical exposure monitoring records
Correct answer: OSHA 300 Log, OSHA 300A Summary, and OSHA 301 Incident Report forms for recordable injuries and illnesses
OSHA requires three forms: the 300 Log, 300A Annual Summary, and 301 Incident Report.
Recordable cases include deaths, days away from work, restricted duty, medical treatment beyond first aid, loss of consciousness, and significant diagnosed conditions. Records must be maintained for 5 years.
Question 6: What is the role of NIOSH?
- NIOSH enforces workplace safety standards
- NIOSH conducts research and makes recommendations for preventing workplace injuries and illnesses but does not enforce regulations (Correct answer)
- NIOSH manages workers' compensation
- NIOSH certifies safety professionals
Correct answer: NIOSH conducts research and makes recommendations for preventing workplace injuries and illnesses but does not enforce regulations
NIOSH is a research agency within the CDC that conducts studies and makes recommendations; OSHA is the enforcement agency.
NIOSH establishes Recommended Exposure Limits, conducts Health Hazard Evaluations, certifies respirators, publishes criteria documents, and trains occupational health professionals.
ASP Safety Compliance and Regulations 2
What is the OSHA General Duty Clause and when does it apply?