Podcast
Questions and Answers
What is the main responsibility of the user or owner who modifies a product?
What is the main responsibility of the user or owner who modifies a product?
What is the significance of the statute of limitations in a legal context?
What is the significance of the statute of limitations in a legal context?
What role do expert witnesses play in the lawsuit process?
What role do expert witnesses play in the lawsuit process?
What does the principle of 'Res Ipsa Loquitur' imply in a negligence case?
What does the principle of 'Res Ipsa Loquitur' imply in a negligence case?
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What is a design review's primary purpose in product liability reduction?
What is a design review's primary purpose in product liability reduction?
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What defines Permanent Partial Disability?
What defines Permanent Partial Disability?
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How are benefits for Permanent Total Disability structured?
How are benefits for Permanent Total Disability structured?
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What does the Whole-Man Theory focus on?
What does the Whole-Man Theory focus on?
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What is the basis for calculating compensation under the Lost Wages Theory?
What is the basis for calculating compensation under the Lost Wages Theory?
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Which of the following is NOT a benefit typically provided under disability compensation?
Which of the following is NOT a benefit typically provided under disability compensation?
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What percentage of average monthly earnings is used for compensation calculation in Nevada for disabilities?
What percentage of average monthly earnings is used for compensation calculation in Nevada for disabilities?
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When do dependents of a worker typically cease receiving benefits?
When do dependents of a worker typically cease receiving benefits?
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What must a plaintiff demonstrate in a product liability case to establish a defect?
What must a plaintiff demonstrate in a product liability case to establish a defect?
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Which of the following is a defense a defendant might use in a product liability case?
Which of the following is a defense a defendant might use in a product liability case?
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What is the difference between an implied warranty of merchantability and one of fitness?
What is the difference between an implied warranty of merchantability and one of fitness?
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In strict liability cases, which aspect is NOT considered when assessing liability?
In strict liability cases, which aspect is NOT considered when assessing liability?
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What does contributory negligence imply in a negligence case?
What does contributory negligence imply in a negligence case?
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Which type of warranty is often created through advertising?
Which type of warranty is often created through advertising?
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Which of the following is a characteristic of strict liability?
Which of the following is a characteristic of strict liability?
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What is the primary focus of tort law?
What is the primary focus of tort law?
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What does risk sharing through purchasing pollution insurance involve?
What does risk sharing through purchasing pollution insurance involve?
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Negligence can include which type of behavior?
Negligence can include which type of behavior?
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Which factors are not typically considered when estimating future earning capacity?
Which factors are not typically considered when estimating future earning capacity?
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How should the duration of disability be calculated according to standard practice?
How should the duration of disability be calculated according to standard practice?
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Which of the following is NOT a type of insurance for workers' compensation?
Which of the following is NOT a type of insurance for workers' compensation?
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What is the correct unit of measurement for compensation insurance premiums?
What is the correct unit of measurement for compensation insurance premiums?
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What does the Experience Modification Rate (EMR) affect in terms of insurance?
What does the Experience Modification Rate (EMR) affect in terms of insurance?
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Employees are allowed to sue which of the following parties for job-related injuries?
Employees are allowed to sue which of the following parties for job-related injuries?
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Which of the following theories does NOT address product liability?
Which of the following theories does NOT address product liability?
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Which aspect does not fall under the responsibilities of a safety professional in workers' compensation?
Which aspect does not fall under the responsibilities of a safety professional in workers' compensation?
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Which concept defines the manufacturer's responsibility regarding a product's safety and performance?
Which concept defines the manufacturer's responsibility regarding a product's safety and performance?
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Which of the following factors is NOT considered a design defect?
Which of the following factors is NOT considered a design defect?
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What is a common example of a manufacturing defect?
What is a common example of a manufacturing defect?
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What does 'foreseeability' refer to in the context of misuse?
What does 'foreseeability' refer to in the context of misuse?
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Which of the following describes a situation where a supplier may not be liable?
Which of the following describes a situation where a supplier may not be liable?
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What role do warnings play in product usage?
What role do warnings play in product usage?
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Which statement correctly reflects the concept of substantial change in products?
Which statement correctly reflects the concept of substantial change in products?
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What factor must be considered regarding the use environment of a product?
What factor must be considered regarding the use environment of a product?
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How can a difference between good products and defective products be identified?
How can a difference between good products and defective products be identified?
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Which element is NOT part of the design defect considerations?
Which element is NOT part of the design defect considerations?
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What is typically a result of inadequate instructions provided by manufacturers?
What is typically a result of inadequate instructions provided by manufacturers?
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Flashcards
Full Recovery
Full Recovery
A worker who can return to their job with no limitations after recovering from an injury or illness.
Permanent Partial Disability
Permanent Partial Disability
A worker experiences a permanent reduction in their ability to work but can still hold a job.
Permanent Total Disability
Permanent Total Disability
An individual who cannot work due to a permanent injury or illness, even after treatment and rehabilitation.
Workers' Compensation Benefits
Workers' Compensation Benefits
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Whole-Man Theory
Whole-Man Theory
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Lost Wages Theory
Lost Wages Theory
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Loss of Wages Payments
Loss of Wages Payments
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Statute of limitations
Statute of limitations
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Settlement in lawsuits
Settlement in lawsuits
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Design review
Design review
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Res Ipsa Loquitur
Res Ipsa Loquitur
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Privity of contract
Privity of contract
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Loss of Potential Earnings Theory
Loss of Potential Earnings Theory
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Duration of Disability
Duration of Disability
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Types of Workers' Compensation Insurance
Types of Workers' Compensation Insurance
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Workers' Compensation Insurance Premiums
Workers' Compensation Insurance Premiums
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Manual Rates for Workers' Compensation
Manual Rates for Workers' Compensation
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Experience Rating in Workers' Compensation
Experience Rating in Workers' Compensation
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Experience Modification Rate Formula
Experience Modification Rate Formula
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Safety Professional Role and Responsibilities
Safety Professional Role and Responsibilities
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Third-Party Lawsuits in Workers' Compensation
Third-Party Lawsuits in Workers' Compensation
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Tort Law
Tort Law
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Strict Liability
Strict Liability
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Warranty
Warranty
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Implied Warranty
Implied Warranty
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Express Warranty
Express Warranty
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Unreasonably Dangerous Product
Unreasonably Dangerous Product
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Negligence
Negligence
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Product Liability Evidence
Product Liability Evidence
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Misuse or Alteration Defense
Misuse or Alteration Defense
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Industry Standards Defense
Industry Standards Defense
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Design Defect
Design Defect
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Manufacturing Defect
Manufacturing Defect
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Defects in Instructions and Warnings
Defects in Instructions and Warnings
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Foreseeability in Misuse
Foreseeability in Misuse
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Unforeseeable Type of Harm
Unforeseeable Type of Harm
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Modifications and Substantial Change
Modifications and Substantial Change
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Material Selection in Design Defects
Material Selection in Design Defects
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Safe Design When Off
Safe Design When Off
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Safety Features in Design Defects
Safety Features in Design Defects
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Use Environment in Design Defects
Use Environment in Design Defects
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Study Notes
BCSP Procedures
- BCSP will notify the individual and request evidence that the complaint is untrue.
- The individual must state their position on retaining certification and discontinuing degree use.
- Failure to respond within 30 days will result in disciplinary action.
- Second valid complaint against the same individual will lead to disciplinary action.
The Government Printing Office (GPO)
- GPO provides copies of government publications, including safety and health topics.
- Publications are accessible through the Superintendent of Documents.
FDA (Food and Drug Administration)
- Protects the public from unsafe foods, drugs, and cosmetics.
- Addresses potential hazards.
CDC (Centers for Disease Control)
- Works 24/7 to protect the US from health, safety, and security threats.
- Addresses chronic and acute, curable and preventable diseases, both foreign and domestic.
- Supports communities and citizens in disease prevention.
NIOSH (National Institute for Occupational Safety and Health)
- Assures workplaces are safe and healthful.
- Recommends occupational safety and health standards.
- Conducts research and performs related activities.
FEMA (Federal Emergency Management Agency)
- Concerned with all forms of transportation.
DOT (Department of Transportation)
- Concerned with all forms of transportation.
Federal Railroad Administration (FRA) & Federal Highway Administration (FHWA)
- Protects public health and safety and the environment.
- Licensing and regulating nuclear energy.
NRC (Nuclear Regulatory Commission)
- Regulates the use of nuclear energy.
Assumption of Risk
- Employees accept the risk associated with their job.
- Giving up the right to claim compensation for job-related injuries.
Contributory Negligence
- Employees contribute to injuries and cannot recover compensation.
- Injuries are considered the fault of the injured employee or other employees.
Fellow-Servant Rule
- Prevents employees from suing their employers if an injury results from a coworker's negligence.
State of Wisconsin (1911)
- First official state law covering workers' compensation.
OSHRC (Occupational Safety and Health Review Commission)
- Addresses disagreements regarding citations issued to employers for not following OSHA standards.
Nongovernment Organizations
- Professional societies, trade associations develop and publish industry standards.
- Membership in these groups is common.
Consensus Standards (ANSI, ASTM, NFPA, ISO)
- Standards created by organizations are called voluntary standards.
- These standards are typically adopted by local, state, and federal governments.
No-Fault Concept
- Employees are compensated for work-related injuries regardless of fault.
Objectives of Workers' Compensation Laws
- Quickly providing income replacement and medical treatment.
- Preventing time-consuming and costly litigation.
- Relieving charities of financial strain.
- Reducing workplace accidents.
- Restoring workers' earning capacity and work capability.
Federal Employees' Compensation Act
- Covers employees injured while performing their duties.
- Injuries can include illnesses caused by employment.
Temporary Total Disability, Temporary Partial Disability, Permanent Partial Disability, Permanent Total Disability
- Describes different types of disabilities resulting from work injuries.
- Defines how long an employee is unable to work.
Benefits of Compensation
- Reimbursement for medical expenses
- Reimbursement for burial expenses
- Replacement for lost wages
- Payments for physical and vocational rehabilitation
- Payments to dependents (e.g., children, spouse).
Warranty
- The manufacturer is liable for implied or explicit claims made regarding a product.
Negligence
- Addresses a person's actions or omissions in relation to another person's injuries.
Strict Liability
- Manufacturers are responsible for defective products regardless of negligence.
Tort Law
- Legal recourse for wrongful acts or harm.
Risk Sharing-Transfer
- Risk sharing or transfers between persons involved in risk situations.
Product Liability
- Describes the liability of manufacturers for defective products.
Statute of Limitations
- Time limits for filing lawsuits.
The Lawsuit Process
- Complaint filing
- Discovery
- Trial
- Settlement
Expert Witnesses
- Qualified individuals who provide specialized knowledge (e.g., doctors, engineers).
Reducing Liability
- Legal steps to minimize risk in potential lawsuits.
Risks
- Measures to lessen risks related to lawsuits and liability.
Consumer Warning Labels
- Labels to convey safety warnings and risks associated with products.
Res Ipsa Loquitur
- Legal principles that infer negligence from the accident itself.
Corporate Probation
- Legal oversight imposed on organizations for criminal offenses.
Adverse Publicity Orders
- Legal orders to alter conduct or practices by organizations.
No-Fault Compensation
- Injury alone is sufficient grounds for compensation; fault is not needed to be proven..
Fault Compensation
- Compensation is only awarded if fault is demonstrably proven. .
Compensatory Damages
- Monetary compensation for losses and injuries (e.g., hospital treatment and loss of income).
Punitive Damages
- Extra compensation to punish for outrageous conduct (e.g., actions that inflict harm).
Anticipatory Repudiation
- Party's statement about their intent to not uphold contract obligations.
Unenforceable Contracts
- Legal contracts that lack elements required for validity.
Contract Breach
- Violation of the terms of an agreement by a party.
Contract theories/types (e.g., executory contract)
- Details about contracts and their specific types based on performance standards and obligations of parties involved.
Demented/Senile Disabilities, Epilepsy Disorder, UTSA, President Regan -CBA, Stock Insurance, Insurance for errors/omissions
- Information on healthcare and disability conditions.
- Details on company-specific insurance.
Consensus standards, OSHA variances, Safety bill of rights, Underwriters' Laboratories (UL) and Factory Mutual (FM)
- Information on standards related to safety and manufacturing.
FOIA, Low Fence, High Fence, Estimated premium
- Information related to disclosure requirements, safety standards, and insurance rates.
Exclusive Remedy
- Limits on recourse for damages resulting from an occurrence or injury.
Products Liability
- Manufacturer liability for harm caused by a product.
Examination, Demonstration, Test
- Description of product evaluation phases.
Express Warranty, Strict Liability, Mutual Insurance
- Explanation of product warranty, manufacturer responsibility, and types of insurance.
Umbrella Coverage, Whistleblower Impairment Ratings, Life Expectancy, Utilization review, General data protection regulation, Gramm-Leach-Bliley Act, Children's Online Privacy Protection Act, Tort, Emergency Instruments
- Detailed information on insurance and legal topics (e.g., policies, protection, actions to investigate problems).
Statute of Limitations, Lawsuit Process (complaint, discovery, trial, settlement)
- Description of time limits and procedural steps in legal proceedings.
Obvious Peril, Insider Trading, Good Samaritan Law
- Information on legal concepts, responsibility in emergencies, and insider/public information usage.
Implied Warranty
- Description of a warranty implied through the context and actions of the seller or offerer of a product or service.
Compliance Statement, Identification of Manufacturer or Distributor, Identification of Private Labeler, Statement of Compliance
- Documents and identifications required for legality and product liability.
Intentional Torts, Negligent Torts, Strict Liability Torts, Battery, Assault
- Details about legal concepts related to intentional or negligent actions that result in injury, harm or property damage.
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Description
This quiz covers key procedures and organizations related to health and safety regulations in the U.S., including the BCSP, GPO, FDA, CDC, and NIOSH. Test your knowledge on how these agencies contribute to public health protection and the importance of reporting complaints. Understand the implications of certification and the role of government publications in safety topics.