Professional Ethics and Legal Responsibilities of Safety Professionals Flashcards

How long must an employer retain the OSHA 300 Log, 300A Summary, and 301 incident reports?

Answer: 5 years following the end of the calendar year they cover

29 CFR 1904.33 requires injury and illness records to be kept for five years following the end of the covered year.

An employee files a complaint with OSHA and is demoted the following week. Under Section 11(c), within what period must the employee file a retaliation complaint?

Answer: 30 days

Section 11(c) of the OSH Act requires retaliation complaints to be filed within 30 days of the adverse action.

Which four elements must a plaintiff typically prove to establish negligence against a safety professional?

Answer: Duty, breach of duty, causation, damages

Negligence requires a duty owed, a breach of that duty, causation linking the breach to the harm, and actual damages.

An employer whose willful violation of an OSHA standard causes an employee's death may face which criminal penalty for a first conviction?

Answer: Up to 6 months in prison and a fine

Section 17(e) of the OSH Act provides for imprisonment of up to six months plus fines for a first willful violation causing death.

Under 29 CFR 1910.1020, employee exposure records generally must be preserved for at least how long?

Answer: 30 years

Exposure records must be kept for at least 30 years because occupational diseases can have long latency periods.

A CHST is asked to approve a confined space entry plan that requires atmospheric testing expertise they lack. What is the most ethical action?

Answer: Decline to approve and recommend a qualified person, practicing only within their competence

Professional ethics require safety practitioners to perform services only in areas of their competence.

Which OSHA citation classification applies when an employer was previously cited for a substantially similar violation that became a final order?

Answer: Repeat

A repeat violation is issued when the employer has been cited for the same or substantially similar condition in a prior final order.