Legal Aspects of Safety and Health
Unit V Assessment

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Question 1

When OSHA requests a court to issue a warrant, it must establish what to justify the search?

		a relaxed possible cause standard
		historical record of violations
		a relaxed probable cause standard
		none of the above, because it has the right to do so without justification based on Section 8(e)

4 points

Question 2

All of the following factors are used to determine if the common law audit attorney/client privilege exists except which one?

		Whether there is a low public interest in encouraging audits of this type to be considered.
		Whether there is a strong likelihood that not applying the privilege in this context will discourage companies from conducting these types of audits.
		Whether the information at issue was generated in the course of a self-audit conducted by the company.
		Whether the company intentionally preserved the confidentiality of the information.

4 points

Question 3

All of the following are ways for the employer to attempt to challenge a warrant in federal court (after a compliance officer arrives at the workplace already armed with the warrant) except which one?

		Refuse entry to the compliance officer and wait to defend the Secretary of Labor’s motion for contempt.
		Permit the inspection to proceed under protest and later move to suppress the evidence gathered during the inspection.
		Refuse entry to the compliance officer and go to the federal court to preemptively challenge OSHA’s right to a warrant.
		Refuse entry to the compliance officer and move to quash the warrant.

4 points

 

 

Question 4

What gives a company the ability to literally inspect itself and thereby find and resolve problems before they become legal liabilities?

		Cost benefit analysis
		Consultants
		Auditing
		Because it was the right thing to do

4 points

Question 5

What term is applied to a privilege created by the courts, as opposed to that created by a legislature?

		Congressional
		Presidential
		Judicial
		Common Law

4 points

Question 6

What section of the Act and what records will a compliance officer cite and ask for in an opening conference?

		Section 8 (d), and OSHA Form 203-207
		Section 8 (e), and Hazardous Materials Inventory
		Section 8 (c), and OSHA Form 300 (OSHA 300 Log)
		Section 8 (c), and OSHA Form 200

4 points

Question 7

Which of the following statements is false?

		The evidence collected by compliance officers during walk arounds will be used by OSHA to prove alleged citations.
		A pre-citation settlement can be a favorable way to resolve an enforcement action.
		It is a good idea to keep a duplicate copy of all documents produced to OSHA to help for negotiations or hearings.
		A good resource to help understand OSHA inspections is OSHA’s Compliance Understanding Catalogue.

4 points

Question 8

Confidentiality is a critical factor for securing the common law audit privilege. What case showed that, like other evidentiary privileges, this privilege is considered waived if the information at issue has been disclosed to third parties?

		Upjohn v. United States
		Price v. County of San Diego
		Reich v. Hercules
		Peterson v. Chesapeake & Ohio Ry. Co.

4 points

Question 9

What does OSHA need before it enters any private premises for inspection purposes?

		evidence of a violation
		eye witness account of a violation
		written account of a violation
		a legal warrant or consent from the employer

4 points

Question 10

All of the following happen at an “opening conference” except which one?

		The compliance officer will inquire whether a union represents the employees.
		The compliance officer will offer to fax or send certification credentials to the employer
		The employer is told of the planned scope of the inspection
		The compliance officer will identify the records he would like to review during his inspection

4 points

 

 

 

 

 

Question 11

Briefly outline the purpose, scope, provisions and limitations of OSHA�s Voluntary Self-Audit Policy. What are the risks to your company of this approach to achieving a safe work environment?

 

Please provide approximately 200-300 words and a reference citation for your source material in your response.

30 points

Question 12

What are the key points that should be covered during an opening conference, both from the OSHA Inspector and from you, the safety/health/environmental manager?

 

Please provide approximately 200-300 words and a reference citation for your source material in your response.

30 points

Need a 4 page paper and a reference page. .

Imagine that you are a health policy analyst for a state that has not elected to expand Medicaid as part of the Affordable Care Act (ACA). You have just been notified that the state leaders have agreed to reconsider their decision during an upcoming session. Go to the Kaiser Family Foundation Website, atwww.kff.org, and The Commonwealth Fund website, athttp://www.commonwealthfund.org/publications/‌blog/2014/mar/medicaid-expansion-alternative-state-approaches, for additional information on

Write a three to four (3-4) page paper in which you:

1. Identify a state that has not elected to participate in the Medicaid expansion initiative under the Affordable Care Act. Critically analyze the implications of the state’s decision to opt out of Medicaid expansion on the citizens of the state.
2. Compare the potential opportunities and challenges of a state’s decision to opt into the Medicaid expansion.
3. Explore two (2) alternate approaches to expanding access to care that have been implemented or considered by states opting out of Medicaid expansion. Compare and contrast the two (2) alternate approaches to the Medicaid expansion initiative.

1. Provide a recommendation to the state legislature on whether or not the state should opt in to the Medicaid expansion. Provide a rationale for your recommendation.
2. Use at least three (3) recent (within the last five [5] years), quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
• Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

• Develop policies that ensure compliance of healthcare delivery systems with current legislation.
• Apply decision-making models to address difficult management situations.
• Use technology and information resources to research issues in Health Care Operations Management.

• Write clearly and concisely about Health Care Operations Management using proper writing mechanics.