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Safety_Set 1

The Law and your Responsibility

What is the name of the organization in California that works to ensure safe conditions in the workplace? CAL-OSHA
What is the name of the Federal organization that works to ensure safe conditions in the workplace? OSHA
What does the acronym,OSHA, stand for? Occupational Safety and Health Administration
What does liability insurance cover? The costs of an accident of a guest or other authorized person on the premises. Accidents caused by an employee who is working away from the place of employment while on company business.
What are direct Liability costs? 1. Worker's compensation payments 2. Medical and legal expenses 3. Repairs to property
What are indirect Liability costs? 1. Decreased productivity 2. Lost workdays for employees 3. Low employee morale
What is Workers' Compensation Insurance? Insurance that compensates workers injured in work related accidents or those with work-related illnesses.
What is reasonable care? Standard of care, precaution or diligence expected in a certain set of circumstances.
What is negligence? Failure to act with reasonable care in a situation that causes injury.
What basic responsibilities have the courts usually ruled that foodservice establishments must meet? 1. Not causing or permitting injuries to occur on or off premises when employees are working. 2. Providing conditions or adoping practices reasonably necessary to provide safe premises. 3. Providing warnings of possible dangers.
What is Actual Knowledge? What a person knows in a specific set of circumstances including awareness of conditions that could violate a legal requirement.
What is Constructive Knowledge? What a person should know about a specific set of circumstances.
In the event of an injury at a workplace, what might the courts consider while applying the concepts of reasonable care and constructive knowledge? Whether there was a known history of similar events at the establishment and whether the accident or injury was foreseeable.
What is Comparative Negligence? Takes into account who was responsible for an injury and to what percent the plaintiff was at fault and what percent the defendant was at fault.
What are Compensatory and Actual Damages? Sums of money awared to a plaintiff for real, substantial and actual damages in compensation for illness or injury.
What are Punitive Damages? Sums of money award to a plaintiff to punish the defendant for wanton and willful, reckless and intentional behavior.
What is Third Party Liability? Under this type of liability, a restaurant or its owners, managers and employees can be held responsible for an injury even if they did not directly cause it, such as product liability.
When a guest is injured, automatically apologize and tell him/her that any costs related to the accidient will be covered. True or False? False. Never admit responsibility.
When a guest is injured, ignore the person. If the injured party does not receive attention, he/she might just leave and the problem will be solved. True or False? False. Always offer basic first aid if trained and call 911 if necessary.
When a guest is injured, show concern and provide comfort, such as a blanket, or offer to call a friend, but do not admit responsibility. True or False? True.
When a guest is injured, it is required that an accident report be completed. True or False? True.
When an accident on the premises occurs, it is important to take statements from witnesses. True or False? True.
When an injured guest is giving the details of how an accident occured, it is appropriate to coach the guest to ensure accuracy and try to interpret his/her explanation. True or False? False. Just gather the facts and record them as reported.
After an the Investigation form has been completed you must alert three individuals. Who are they and what type of record should you provide? 1. Your BEC 2. The Building Manager. Both receive copies of the Investiation form. 3. Phone claim in to the BEP Insurance Agent.
When an employee is injured or becomes ill on the job, what procedure should be followed? 1. Provide basic first aid and call 911 if needed. 2. Record the incident on the proper form provided by the Insurance Company and on the Cal-OSHA form 300. 3. Investigate the incident.
If an employee is injured or becomes ill at work and a worker's compensation claim must be filed, the proper procedure is to file the claim in a timely manner. True or False? True.
Who is responsible for notifying the employee that a worker's compensation doctor is assigned to handle work related injuries? The Manager or Business Owner.
It is important to communicate with the doctor treating a worker's comp injury to determine if the employee could return to work with a "light duty" assignment. True or False? True.
Cal-OSHA has the responsibility of ensuring that businesses in California comply with mandatory job safety and health standards. True or False? True.
Cal-OSHA has the responisbility of ensuring that businesses in the United States maintain a reporting and recordkeeping system to monitor and reduce work-related injuries and illnesses. True or False? False. Cal-OSHA only has the responsibility to ensure that all businesses in the State of California comply with these standards.
Cal-OSHA has the responsibility of establishing "separate but dependent safety responsibiliites and rights" for employers and employees in California. True or False? True.
Cal-OSHA defines an occupational injury as: an injury such as a cut, fracture, sprain or amputation, caused by a work-related accident or exposure to a harmful substance in a single incident in the work environment. True or False? True.
Name 5 conditions when a work-related illness or injury must be recorded. 1. One or more lost workdays. 2. Restriction of work or motion. 3. Loss of consciousness. 4. Transfer to another job or loss of employment. 5. Medical treatment (not first aid) or hospitalization.
How does Cal-OSHA define an occupational illness? Any abnormal condition or disorder, other than an occupational injury, caused by factors in the work environment, such as inhalation, absorption, ingestion, cumulative trauma disorder or direct contact with toxic or harmful substances.
What are the required postings for Cal-OSHA? 1. Job Safety and Health Protection Poster (Cal-OSHA 2203) 2. Summaries of petitions for permission to vary from standards or recordkeeping procedures. 3. Copies of all Cal-OSHA violations.
For what length of time must all Cal-Osha citations for violations be posted? Three days or until the violations are corrected, whichever is longer.
Cal-OSHA is authorized to inspect all workplaces in California that are covered by the Federal Occupational Safety and Health Act of 1970. True or False? True.
How does Cal-OSHA determine when an inspection is required? 1. Employee complaints. 1. Imminent danger. 3. Multiple hospitalizations and fatal accidents. 4. Planned high hazard inspections. 5. Follow-up inspections.
What is imminent danger? Any condition that poses a reasonable certainty that death or serious physical harm can result immediately or before the hazard can be eliminated by normal procedures.
What are the requirements that Cal-OSHA requires when multiple hospitalizations or fatal accidents occur in the workplace? 1. Death or hospitalization of 3 or more employees must be reported within 8 hours. 2. If death or hospitalization of 3 or more employees occurs within 30 days, must be reported within eight hours of discovery.
If an employees feels that he/she could be in danger of physical harm in the workplace, the employee has the right to file a complaint with Cal-OSHA. True or False? True.
An industry or establishment that has a number of workplace deaths, injuries, illnesses, or employee exposure to toxic substances will not necessarily trigger inspections by Cal-OSHA. True or False? False.
Cal-OSHA inspectors must make an appointment with an employer to schedule an inspection. True or False? False. Inspections can take place without warning during regular business hours and other reasonable times.
During an inspection, the owner should challenge any items documented by the Cal-OSHA inspector. True or False? False. Remain professional, be cooperative, and document any problems, and present records when necessary.
If an employee complaint triggers an inspection by Cal-OSHA, the best recourse is to terminate the employee. True or False? False. It is unlawful for the employer to punish or discriminate against any employee who files a complaint.
After an inspection, the findings are reported to the Cal-OSHA area director who will determine whether to propose citations and/or penalities. True or False? True. Proposed citations and penalities are mailed to the business owner.
If a business receives a citation from Cal-OSHA, how many days from receiving the citation does the respondent have to contest the findings? 15 working days from receiving the citation.
If a business owner does not contest violations and proposed penalties within 15 working days, he/she has accepted guilt and responsibility for the penalties. True or False? True.
What is a willful violation? A violation that an employer intentionally and knowlingly committed or allowed to exist.
What is a serious violation? A violation where a strong probability that death or serious physical harm could result.
What is the mandatory penalty for a serious violation? Up to $7,000 for each violation.
What is the penalty for a willful violation? Up to $70,000 with a minimum of $500.00 for each willful violation.
An employer could be sentenced to imprisonment if convicted of a willful violation. True or False? True. A fine and/or imprisonment could result from such a conviction.
What is the fine for a willful violation? Up to $250,000 for an individual and up to $500,000 for a corporation.
What is a repeat violation? A substantially similar violation is discovered during a re-inspection.
What is the fine for a repeat violation? Up to $70,000 for each violation. Failing to correct a prior violation can result in a penalty of up to $7,000 per day.
Falsifying records or applications can result in a fine and a jail sentence. True or False? True. Fine is up to $10,000 and/or up to 6 months in jail.
It is not required to post Cal-OSHA information or notices; verbally informing employees will suffice. True or False? False. Fines of up to $7,000 for each violation may be imposed.
What action(s) can lead to a fine of up to $5,000 and/or imprisionment for up to 3 years? Assaulting an enspector or resisting, opposing, intimidating or interfering with an inspector when performing his/her duties.
Who is allowed to appeal Cal-OSHA citations and penalties? Both employers and employees.
Under some cases an employer should file an appeal if a citation has been issued. True or False? True.
If an employer decides to file an appeal of a citation, who must be notified and when should the notification take place. Notify Cal-OSHA Appeals Board within 15 working days of receipt of the violation or penalty.
When is an appeal deemed to have been filed with the Appeals Board? 1. When it is delivered 2. When it is mailed 3. When it is received by the Appeals Board
Is it recommended that a citation or penalty issued by Cal-OSHA be appealed? Yes or No? Yes; under certain conditions, but never if there is not a defense to the allegation or citation.
When should an employer appeal a citation or a penalty? 1.Citation is wrong. 2.Penalty is excessive. 3.Repeat violation within a 3 year period. 4.A serious injury/illness or death occured 5.Settlement required is excessive. 6.Adverse onsequences outside of Cal-OSHA's field as a result of the unsafe condition.
Created by: kalimu12



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