ASP Safety Compliance and Regulations 4 — Questions and Answers
Question 1: Under OSHA's General Duty Clause (Section 5(a)(1)), an employer is required to provide a workplace free from recognized hazards that are:
- Causing or likely to cause death or serious physical harm (Correct answer)
- Causing minor injuries only
- Present in fewer than 10% of similar workplaces
- Reported by at least one employee
Correct answer: Causing or likely to cause death or serious physical harm
The General Duty Clause obligates employers to address recognized hazards causing or likely to cause death or serious physical harm, even when no specific standard applies.
Question 2: Which OSHA standard requires employers to establish, implement, and maintain an effective written hazard communication program?
- 29 CFR 1910.119
- 29 CFR 1910.1200 (Correct answer)
- 29 CFR 1910.132
- 29 CFR 1910.147
Correct answer: 29 CFR 1910.1200
29 CFR 1910.1200 (HazCom/Right-to-Know) requires a written hazard communication program covering SDSs, labels, and employee training.
Question 3: A state plan state operates its own OSHA-approved occupational safety and health program. Federal OSHA requirements for state plans include that state standards must be:
- Identical to federal standards in all cases
- At least as effective as federal standards (Correct answer)
- More stringent than federal standards in every category
- Adopted within 6 months of any federal rule change
Correct answer: At least as effective as federal standards
State plans must be 'at least as effective' as federal OSHA, but they may exceed federal requirements in some areas.
Question 4: Under the OSH Act, which of the following is an employer's RIGHT during an OSHA inspection?
- To require the inspector to obtain a warrant before entry (Correct answer)
- To terminate employees who speak with the inspector
- To charge the inspector an access fee
- To demand OSHA pay for any corrective actions identified
Correct answer: To require the inspector to obtain a warrant before entry
Employers have a Fourth Amendment right to require OSHA to obtain an administrative search warrant before entering a workplace for inspection.
Question 5: OSHA's multi-employer worksite policy can hold which type of employer liable for hazards it did not create but has the authority and ability to correct?
- Creating employer
- Exposing employer
- Controlling employer (Correct answer)
- Correcting employer
Correct answer: Controlling employer
The controlling employer has supervisory authority over the worksite and can be cited for hazards it has the authority and means to correct, even if another employer created them.
Question 6: Which EPA regulation requires facilities that produce, import, process, or otherwise use listed toxic chemicals above threshold quantities to file annual Toxic Release Inventory (TRI) reports?
- RCRA Section 3002
- EPCRA Section 313 (Correct answer)
- CERCLA Section 103
- CAA Section 112
Correct answer: EPCRA Section 313
EPCRA Section 313 (Emergency Planning and Community Right-to-Know Act) established the TRI reporting program for toxic chemical releases.
Question 7: Under DOT hazardous materials regulations (49 CFR), a 'limited quantity' exception allows reduced labeling requirements when shipments meet specific quantity limits per inner packaging. Which document must still accompany the shipment?
- A full Emergency Response Guidebook
- A shipping paper with 'Ltd Qty' notation (Correct answer)
- An individual SDS for each chemical
- A DOT special permit number
Correct answer: A shipping paper with 'Ltd Qty' notation
Limited quantity shipments require a shipping paper (or package marking) with the 'Ltd Qty' or 'Limited Quantity' notation, though other requirements like placards are reduced.
ASP Safety Compliance and Regulations 4
Under OSHA's General Duty Clause (Section 5(a)(1)), an employer is required to provide a workplace free from recognized hazards that are: