Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
10 Cards in this Set
- Front
- Back
|
What entity/agency enforces workplace health/safety?
|
OSHA governs unless federally approved state plan; once approved, state heads the charge
|
|
|
Definition of employee?
|
BROAD = if work involved could affect commerce
|
|
|
In addition to OSHA, what else must ER comply with?
|
General duty clause: each ER must furnish a place of employment that is free of recognized hazards causing or likely to cause death or serious physical harm
duty to abate hazards |
|
|
factors of duty to abate hazards?
|
hazards exist, ER recognize, hazards threaten serious physical harm, ease of abatement
|
|
|
OSHA requirements for ER safety instructions to E:
|
1. Specific enough to show E how to recognize and avoid hazard
2.Modeled on applicable regulations |
|
|
Home offices - who governs them?
|
No one! OSHA etc will check any other home-based worksite per reporting, and ER is responsible for home-based worksites other than these.
|
|
|
ER Defense for unpreventable E misconduct?
|
Rules to prevent exist.
Communicated rules to E. ER took steps to discover violations ER enforced rules effectively upon violation discovery |
|
|
Does OSHA have to get a warrant?
|
YES! like any other govt search
|
|
|
Can the E sue the ER for violation of OSHA?
|
NO! but, E can use violation of OSHA for establishing standard of care
|
|
|
Can E go straight to court?
|
NO, first administrative, then court
|
