CPE Safety & Environmental Compliance 5 — Questions and Answers
Question 1: An OSHA inspector arrives at a plant unannounced following an employee complaint. Under the OSH Act, what right does the employer have?
- The employer may refuse entry entirely without a warrant
- The employer may request an informal conference but cannot deny entry
- The employer can require the inspector to obtain a warrant before entry (Correct answer)
- The employer must immediately grant access and cannot be present during inspection
Correct answer: The employer can require the inspector to obtain a warrant before entry
Following the Marshall v. Barlow's Inc. Supreme Court decision, employers may require OSHA to obtain an inspection warrant, though in practice most allow warrantless inspections.
Question 2: Which air permitting pathway applies to a major new source of air pollution in an area that is in attainment with NAAQS?
- Non-Attainment New Source Review (NA-NSR)
- Prevention of Significant Deterioration (PSD) permitting (Correct answer)
- Title V operating permit only
- Minor source permit exemption
Correct answer: Prevention of Significant Deterioration (PSD) permitting
In attainment areas, major new sources must undergo PSD review, which includes Best Available Control Technology (BACT) analysis.
Question 3: A plant's emergency action plan (EAP) must include which of the following elements per OSHA 29 CFR 1910.38?
- A monthly fire drill schedule and hot-work permit log
- Procedures for reporting fires and other emergencies, and emergency escape procedures (Correct answer)
- A list of all hazardous chemicals stored on site
- Annual OSHA 300 log summaries
Correct answer: Procedures for reporting fires and other emergencies, and emergency escape procedures
OSHA 1910.38 requires EAPs to include emergency reporting procedures, escape routes, employee accounting methods, and duties of employees who remain to operate critical equipment.
Question 4: Which term describes the level of a chemical substance in air below which nearly all workers may be repeatedly exposed without adverse health effects, as defined by ACGIH?
- Permissible Exposure Limit (PEL)
- Short-Term Exposure Limit (STEL)
- Threshold Limit Value – Time-Weighted Average (TLV-TWA) (Correct answer)
- Immediately Dangerous to Life or Health (IDLH)
Correct answer: Threshold Limit Value – Time-Weighted Average (TLV-TWA)
The ACGIH TLV-TWA is the airborne concentration for an 8-hour workday, 40-hour workweek, below which nearly all workers can be repeatedly exposed without adverse effects.
Question 5: Under OSHA's electrical safety standard (29 CFR 1910.303), what does the term 'qualified person' mean in the context of electrical work?
- Any employee who has completed an OSHA 10-hour general industry course
- One who has been trained and demonstrated skills and knowledge related to electrical equipment construction and operation (Correct answer)
- A licensed professional engineer registered in the state where work is performed
- Any supervisor who has authorized an employee to perform electrical tasks
Correct answer: One who has been trained and demonstrated skills and knowledge related to electrical equipment construction and operation
OSHA defines a 'qualified person' for electrical work as one with training and demonstrated ability to distinguish exposed live parts, determine voltage, and identify hazards.
Question 6: A plant engineer is implementing ISO 14001. What is the primary purpose of the environmental management system (EMS) 'Plan-Do-Check-Act' cycle?
- To satisfy EPA permit reporting requirements automatically
- To achieve continual improvement in environmental performance through structured management (Correct answer)
- To replace existing regulatory compliance programs
- To certify the facility as a zero-emissions operation
Correct answer: To achieve continual improvement in environmental performance through structured management
ISO 14001's PDCA cycle drives continual improvement by systematically planning objectives, implementing actions, checking results, and acting to correct deficiencies.
Question 7: Which scenario triggers a 'Reportable Quantity' (RQ) notification requirement under CERCLA Section 103?
- Any planned release of a hazardous substance, regardless of quantity
- A release of a CERCLA hazardous substance equal to or exceeding its RQ in a 24-hour period (Correct answer)
- Storage of a hazardous substance above threshold planning quantities
- Transportation of hazardous materials without a manifest
Correct answer: A release of a CERCLA hazardous substance equal to or exceeding its RQ in a 24-hour period
CERCLA Section 103 requires immediate notification to the National Response Center when a hazardous substance release equals or exceeds its reportable quantity within any 24-hour period.
CPE Safety & Environmental Compliance 5
An OSHA inspector arrives at a plant unannounced following an employee complaint.
Under the OSH Act, what right does the employer have?