1. Question :
What are the three federal agencies created by the OSH Act? What are the responsibilities of each? What is the logic of having three agencies administer this act? Do you think such divisions of responsibilities is efficient or necessary?
Question 2. Question :
Describe the process and standard of proof for appealing an OSHA standard.
Question 3. Question :
As described in American Textile, what is byssinosis? In this case, did OSHA demonstrate that the Cotton Dust Standard was reasonably necessary or appropriate to protect employees against a significant risk of health impairment as required by the Industrial Union Department v. American Petroleum Institute decision? Explain your answer.
Question 4. Question :
Does the Occupational Safety and Health Act require the Secretary of Labor, in promulgating a standard pursuant to Section 6(b)(5), to determine that the costs of the standard bear a reasonable relationship to its benefits? Explain your answer. Philosophically, how does one measure the balancing of the burden of a safety practice with the effectiveness of accomplishing a task? Using the new controversary of NFL head trauma injuries in the news, who should have the ultimate say in just how protective a football helmet is made, the owners or the players? Defend your position.
Question 5. Question :
Did the Secretary (OSHA) make the necessary determinations that the wage guarantee requirement was related to the achievement of a safe and healthful work environment? Explain your answer.
Question 6. Question :
What, in your view, were the facts of the General Dynamicscase?
Question 7. Question :
Can a standard issued by the Secretary of Labor displace the statutory general duty standard? Explain your answer.
Question 8. Question :
If an employer knows that a specific standard will not protect its workers against a particular hazard but can prove that it is in full compliance with the specific standard, can the employer be held to be in violation of the general duty clause? Explain your answer.
Question 9. Question :
In Whirlpool, was the supervisor’s order to perform maintenance duties on the old section of the screen contrary to the company’s directive not to step on the screen or the angle iron supporting the structure? Explain your answer.
Question 10. Question :
Does the Secretary’s regulation require the employer to pay employees who refuse to perform work in the face of imminent danger? Explain your answer.
Question 11. Question :
In Marshall, how does the Secretary of Labor respond to the argument that warrants are essential to protect the businessperson’s privacy interest? In order to secure a warrant after the Marshall decision, must the Secretary demonstrate probable cause to believe that conditions in violation of OSHA exist on the premises? Explain your answer.
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