A plant has a serious, well-recognized hazard that no specific OSHA standard addresses. Under which provision can OSHA still cite the employer?
- The anti-retaliation rule, Section 11(c)
- The variance provision, Section 6(d)
- The recordkeeping rule, Part 1904
- The General Duty Clause, Section 5(a)(1)
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D. The General Duty Clause, Section 5(a)(1)
Section 5(a)(1) requires every employer to keep the workplace free of recognized hazards likely to cause death or serious physical harm, so it fills the gap where no specific standard exists. Section 11(c) protects workers from retaliation and is not a basis for citing a hazard.
Reference: OSH Act of 1970, Section 5(a)(1)
A worker believes she was demoted for reporting a hazard to OSHA. How long does she have to file a retaliation complaint with OSHA under Section 11(c)?
- 180 days
- 30 days
- 15 days
- 90 days
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B. 30 days
A Section 11(c) retaliation complaint must be filed within 30 days of the adverse action. The 15-working-day figure is the employer's deadline to contest a citation, which is a different process.
Reference: OSH Act of 1970, Section 11(c); 29 CFR 1977
Within how many hours of learning of a work-related fatality must an employer report it to OSHA?
- 4 hours
- 24 hours
- 72 hours
- 8 hours
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D. 8 hours
A work-related death must be reported within 8 hours of the employer learning of it. The 24-hour limit applies to inpatient hospitalizations, amputations and losses of an eye, not to fatalities.
Reference: 29 CFR 1904.39(a)(1)