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Questions and Answers
What is the first appropriate step a CSP should take upon discovering a corroded pipe carrying a toxic chemical?
What is the first appropriate step a CSP should take upon discovering a corroded pipe carrying a toxic chemical?
- Notify the OSHA area office of the hazardous condition.
- Inform the responsible supervisor and the plant manager for immediate corrective action.
- Shut down the process immediately and inform the responsible supervisor.
- Inform the responsible supervisor for immediate corrective action. (correct)
Which option describes an unethical action for a CSP when reviewing a design for pressure vessels?
Which option describes an unethical action for a CSP when reviewing a design for pressure vessels?
- Decline the job if it's beyond expertise.
- Request a flat fee for review services.
- Approve the design without any modifications. (correct)
- Make necessary adjustments prior to approval.
Which statement about ethics is NOT accurate?
Which statement about ethics is NOT accurate?
- It involves distinguishing good from bad.
- It is a science based only on moral and ethical facts. (correct)
- It should guide human thoughts and actions.
- It is the philosophical study of moral values.
What would be the most appropriate action for a CSP when offered a monetary amount for services in a HAZOP?
What would be the most appropriate action for a CSP when offered a monetary amount for services in a HAZOP?
What is an appropriate requirement for a complaint or formal document when addressing a concern?
What is an appropriate requirement for a complaint or formal document when addressing a concern?
Which of the following statements about tort law is incorrect?
Which of the following statements about tort law is incorrect?
Which of the following is not a criterion for determining the existence of a duty to warn?
Which of the following is not a criterion for determining the existence of a duty to warn?
Which agency is responsible for regulating the safety of automobile fuels?
Which agency is responsible for regulating the safety of automobile fuels?
In the context of product liability, where does 'privity' exist?
In the context of product liability, where does 'privity' exist?
Which element is NOT included in the certification label under the Consumer Products Safety Act?
Which element is NOT included in the certification label under the Consumer Products Safety Act?
Which situation would eliminate the requirement for a warning label on a consumer product?
Which situation would eliminate the requirement for a warning label on a consumer product?
Which of the following is NOT true regarding consumer product warning labels?
Which of the following is NOT true regarding consumer product warning labels?
What is another name for anticipatory breach?
What is another name for anticipatory breach?
Which term is used for protection against natural disasters in contracts?
Which term is used for protection against natural disasters in contracts?
What type of contract is a lease between a consumer and a car dealership considered?
What type of contract is a lease between a consumer and a car dealership considered?
In disability terminology, what does 'Quadriplegic' refer to?
In disability terminology, what does 'Quadriplegic' refer to?
Which condition is referred to as 'demented' in disability terminology?
Which condition is referred to as 'demented' in disability terminology?
What does the term 'epileptic' refer to?
What does the term 'epileptic' refer to?
Which legal framework protects trade secrets in the United States?
Which legal framework protects trade secrets in the United States?
In the scenario where Jim sells an older television while Mike thinks he is buying a new one, which contract element is violated?
In the scenario where Jim sells an older television while Mike thinks he is buying a new one, which contract element is violated?
Which of the following is NOT an essential element of a valid contract?
Which of the following is NOT an essential element of a valid contract?
What does the term 'free consent of parties' in a contract imply?
What does the term 'free consent of parties' in a contract imply?
Which act is primarily focused on the rights of individuals with disabilities?
Which act is primarily focused on the rights of individuals with disabilities?
What does the expression 'res ipsa loquitur' imply in product safety litigation?
What does the expression 'res ipsa loquitur' imply in product safety litigation?
When does the statute of limitations for product liability cases begin?
When does the statute of limitations for product liability cases begin?
What is a requirement of the OSHA Hazard Communication Standard?
What is a requirement of the OSHA Hazard Communication Standard?
Punitive damages in tort law are also known as what?
Punitive damages in tort law are also known as what?
What occurs during an 'Anticipatory Breach of Contract'?
What occurs during an 'Anticipatory Breach of Contract'?
Which of the following is NOT covered by the OSHA Hazard Communication Standard?
Which of the following is NOT covered by the OSHA Hazard Communication Standard?
Which statement is TRUE regarding express warranties?
Which statement is TRUE regarding express warranties?
What best defines the term 'negligence' in a product liability context?
What best defines the term 'negligence' in a product liability context?
Which of the following options is considered a form of misconduct?
Which of the following options is considered a form of misconduct?
Which of the following is NOT one of the canons of professional conduct set by the Board of Certified Safety Professionals?
Which of the following is NOT one of the canons of professional conduct set by the Board of Certified Safety Professionals?
What is the MOST appropriate action for a safety professional upon discovering an imminent danger hazard?
What is the MOST appropriate action for a safety professional upon discovering an imminent danger hazard?
Which factor does NOT affect ethical and unethical decision-making?
Which factor does NOT affect ethical and unethical decision-making?
What is the minimum percentage of safety-related materials required for a conference to earn points for COC according to the BCSP?
What is the minimum percentage of safety-related materials required for a conference to earn points for COC according to the BCSP?
How many COC points can be earned for attending a 2-day professional conference that is at least 50% safety-related?
How many COC points can be earned for attending a 2-day professional conference that is at least 50% safety-related?
Which of the following is true about a safety professional following the profession's code of ethics?
Which of the following is true about a safety professional following the profession's code of ethics?
What must happen to charges of unethical conduct against a Certified Safety Professional?
What must happen to charges of unethical conduct against a Certified Safety Professional?
Coercion in professional conduct can lead to which of the following?
Coercion in professional conduct can lead to which of the following?
What is the primary role of Certified Safety Professionals?
What is the primary role of Certified Safety Professionals?
Flashcards
Tort
Tort
A legal wrong that results in harm to another person or property. It arises from a general duty to avoid causing harm to others, and can be committed by acts or omissions.
Duty to warn
Duty to warn
A legal principle in product liability that requires manufacturers to warn consumers about potential hazards associated with their products.
Privity
Privity
A legal relationship existing between two parties who have entered into a contract or agreement with each other.
Consumer Products Safety Act
Consumer Products Safety Act
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Consumer product warning label
Consumer product warning label
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Obvious danger exception
Obvious danger exception
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Product liability
Product liability
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Occupational Safety and Health Act (OSHA)
Occupational Safety and Health Act (OSHA)
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Res Ipsa Loquitur
Res Ipsa Loquitur
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Product Liability Statute of Limitations
Product Liability Statute of Limitations
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OSHA Hazard Communication Standard
OSHA Hazard Communication Standard
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Punitive Damages
Punitive Damages
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Anticipatory Breach of Contract
Anticipatory Breach of Contract
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Compensatory Damages
Compensatory Damages
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Failure to Warn
Failure to Warn
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Non-Economic Damages
Non-Economic Damages
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Anticipatory Breach
Anticipatory Breach
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Anticipatory Repudiation
Anticipatory Repudiation
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Force Majeure
Force Majeure
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Executory Contract
Executory Contract
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Quadriplegic
Quadriplegic
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Dementia
Dementia
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Epileptic
Epileptic
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Uniform Trade Secrets Act (UTSA)
Uniform Trade Secrets Act (UTSA)
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Mutual Consent of Parties
Mutual Consent of Parties
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Free Consent of Parties
Free Consent of Parties
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What is a 'tort'?
What is a 'tort'?
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What is 'duty to warn'?
What is 'duty to warn'?
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What is 'privity'?
What is 'privity'?
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What is the 'Consumer Products Safety Act'?
What is the 'Consumer Products Safety Act'?
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What is a 'consumer product warning label'?
What is a 'consumer product warning label'?
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Fraud
Fraud
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Misrepresentation
Misrepresentation
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Coercion
Coercion
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Canons of Professional Conduct
Canons of Professional Conduct
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Safety, health, and welfare of the public
Safety, health, and welfare of the public
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Issuing public statements in an objective and truthful manner
Issuing public statements in an objective and truthful manner
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Act for each employer or client as faithful agents or trustees
Act for each employer or client as faithful agents or trustees
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Ethical/unethical decision making
Ethical/unethical decision making
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Continuance of Certification (COC)
Continuance of Certification (COC)
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Percentage of safety related materials in conference
Percentage of safety related materials in conference
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Study Notes
Tort Law
- Tort law covers common law civil wrongs. A court provides a remedy.
- Torts arise from a general legal duty to avoid harming others.
- Torts can arise from acts of omission or commission.
- Torts do not arise from explicit promissory agreements.
Product Liability and Duty to Warn
- "Duty to warn" is a concept in product liability.
- Criteria for determining a duty to warn include potential for accident without warning, probable seriousness of injuries, effectiveness and feasibility of a warning.
- Laws/regulations applicable to the warning are NOT a criterion.
Regulatory Agencies
- EPA regulates automobile fuel safety.
Privity
- Privity exists between the initial product manufacturer and the subsequent seller in a distribution chain.
- In the scenario presented, privity exists between Company A and Company B.
Consumer Products Safety Act (CPSA)
- Manufacturers and distributors must certify product compliance with CPSA provisions.
- The CPSC identification number is not part of the required certification label.
- The label must include a statement of compliance, and identification of the manufacturer or distributor.
Product Warning Labels
- Warning labels are not required if the danger is obvious.
- The potential harm, and the warning must be well-communicated.
- The manufacturer/distributor is responsible for the label.
- Applicable PEL/TLV information isn't needed on the label.
Worker's Rights
- The Americans with Disabilities Act (ADA) governs decisions concerning workers' abilities to perform job tasks.
Legal Terms in Product Liability
- "Res ipsa loquitur" is a principle in product liability cases. The theory assumes a person's injury was caused by a negligent party, only if the accident would not occur without negligence.
Product Liability Statute of Limitations
- The statute of limitations regarding product liability begins when the injury occurs.
OSHA Hazard Communication Standard
- This standard deals with hazardous chemicals.
- Required labels and safety data sheets (SDS) are part of this standard.
- Employers must provide 40 hours of training to employees who might be exposed to hazardous chemicals.
Punitive Damages
- Punitive damages under tort law are also known as exemplary damages. Their purpose is to punish the defendant in a civil lawsuit.
Contract Breach
- Anticipatory breach of contract occurs when a party stops performing according to the contract terms, leading others to believe there's no intention to fulfil their side of the bargain.
- Anticipatory breach is also known as anticipatory repudiation.
Protecting Trade Secrets in Business
- The Uniform Trade Secrets Act (UTSA) safeguards companies' trade secrets.
- "Trade secret," "Confidential," and "Secret" are words appropriate for labels for trade secrets. The term "Stockholders' business property" is not.
Contract Elements
- Mutual consent of parties is essential to a valid contract.
- Monetary considerations(payment) are, but the most important element is mutual agreement.
- "Free consent" means parties must agree on the same thing, in the same sense, free of fraud, misrepresentation, and coercion.
Professional Conduct
- The certification board for safety professionals (BCSP) defines canons of conduct that a certified safety professional must adhere to. This includes things like prioritizing public safety and only making public statements in an objective and factual way.
Imminent Dangers
- If a safety professional finds an imminent threat in the workplace, that danger should be reported to and shut down under the supervision of the most responsible supervisor.
Ethical Considerations
- Several factors, such as language background, and locus of control, do not affect ethical/unethical decision-making. Factors such as moral development and work environment do have an impact.
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