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Questions and Answers
What are special damages primarily characterized by?
What are special damages primarily characterized by?
Which component is NOT part of an insurance contract?
Which component is NOT part of an insurance contract?
What does 'Res Ipsa Loquitur' refer to?
What does 'Res Ipsa Loquitur' refer to?
Which of the following is typically included in the declarations of an insurance contract?
Which of the following is typically included in the declarations of an insurance contract?
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Which requirement must be met for a contract to be considered valid?
Which requirement must be met for a contract to be considered valid?
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What does not typically represent special damages?
What does not typically represent special damages?
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In the context of insurance contracts, what are exclusions?
In the context of insurance contracts, what are exclusions?
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What is the primary criterion for BCSP to pursue a case of unauthorized use?
What is the primary criterion for BCSP to pursue a case of unauthorized use?
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What is the appropriate action to take when identifying significant hazards during an audit?
What is the appropriate action to take when identifying significant hazards during an audit?
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Which term refers to the additional multiplier used by insurance companies to calculate workers' compensation coverage costs?
Which term refers to the additional multiplier used by insurance companies to calculate workers' compensation coverage costs?
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What principles should be adhered to when issuing public statements?
What principles should be adhered to when issuing public statements?
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What is the consequence of deceptive acts concerning the representation of responsibilities?
What is the consequence of deceptive acts concerning the representation of responsibilities?
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What is the primary purpose of a hold-harmless agreement?
What is the primary purpose of a hold-harmless agreement?
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In a hold-harmless agreement, who is the indemnitee?
In a hold-harmless agreement, who is the indemnitee?
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Which statement best describes a hold-harmless clause?
Which statement best describes a hold-harmless clause?
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When might an individual be asked to sign a hold-harmless agreement?
When might an individual be asked to sign a hold-harmless agreement?
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What does 'holding harmless' mean in a legal context?
What does 'holding harmless' mean in a legal context?
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Why would a party seek a hold-harmless agreement?
Why would a party seek a hold-harmless agreement?
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What legal doctrine might be relevant if a child drowns in an unfenced stormwater pond?
What legal doctrine might be relevant if a child drowns in an unfenced stormwater pond?
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What could be an outcome of a poorly defined hold-harmless agreement?
What could be an outcome of a poorly defined hold-harmless agreement?
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Which party is typically protected by a hold-harmless agreement?
Which party is typically protected by a hold-harmless agreement?
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What must presentations related to employment solicitation avoid?
What must presentations related to employment solicitation avoid?
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According to the BCSP Code of Ethics, professional conduct must uphold which of the following?
According to the BCSP Code of Ethics, professional conduct must uphold which of the following?
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What action should one take if they become aware of professional misconduct by a BCSP certificant?
What action should one take if they become aware of professional misconduct by a BCSP certificant?
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Which behavior is explicitly prohibited in the BCSP Code of Ethics?
Which behavior is explicitly prohibited in the BCSP Code of Ethics?
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Which of the following characteristics does the BCSP Code of Ethics cover as protected against discrimination?
Which of the following characteristics does the BCSP Code of Ethics cover as protected against discrimination?
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The BCSP Code of Ethics emphasizes acting in a manner free of bias based on which of the following?
The BCSP Code of Ethics emphasizes acting in a manner free of bias based on which of the following?
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What is a potential consequence of compromising professional judgment according to the BCSP Code of Ethics?
What is a potential consequence of compromising professional judgment according to the BCSP Code of Ethics?
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The BCSP Code of Ethics requires behavior that is free of harassment in which of the following contexts?
The BCSP Code of Ethics requires behavior that is free of harassment in which of the following contexts?
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What ethical standard is required when presenting qualifications related to employment?
What ethical standard is required when presenting qualifications related to employment?
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Which is NOT a characteristic that the BCSP Code of Ethics aims to protect against discrimination?
Which is NOT a characteristic that the BCSP Code of Ethics aims to protect against discrimination?
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What is the primary focus of the BCSP Code of Ethics #8?
What is the primary focus of the BCSP Code of Ethics #8?
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Which type of disability allows a worker to return to full job duties after a certain period?
Which type of disability allows a worker to return to full job duties after a certain period?
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What defines a Permanent Total Disability?
What defines a Permanent Total Disability?
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Which of the following statements is true regarding Temporary Total Disability?
Which of the following statements is true regarding Temporary Total Disability?
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What is an example of a situation that could lead to Temporary Total Disability?
What is an example of a situation that could lead to Temporary Total Disability?
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What is one aspect that the BCSP Code of Ethics promotes among professionals?
What is one aspect that the BCSP Code of Ethics promotes among professionals?
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Which of the following best describes the goal in the context of law and ethics relating to disabilities?
Which of the following best describes the goal in the context of law and ethics relating to disabilities?
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In which scenario would an employee typically face Temporary Partial Disability?
In which scenario would an employee typically face Temporary Partial Disability?
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Which of the following is NOT a characteristic of Permanent Total Disability?
Which of the following is NOT a characteristic of Permanent Total Disability?
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Study Notes
Basic Contract Elements
- Agreement, consideration, purpose, and competent parties are required for a valid contract.
Entity Responsible for Defects
- The entire production chain, from raw material to finished product, can be held liable for a defective product.
- Privity, a direct relationship between the injured party and the party whose negligence caused the accident, was once a defense. However, auto manufacturers were ruled liable for defective products, even if they did not have a direct contract with the injured party.
Plaintiff
- A plaintiff is a person who initiates a legal action against another in court.
Foreseeability
- It excludes liability for harm that was not foreseeable at the time of the action.
Strict Liability
- Manufacturers are liable for injuries caused by a defective product, regardless of fault.
Tort
- A tort is a wrongful act that causes damage or injury.
Express Warranty
- A written or oral statement by a manufacturer or dealer that a product will perform in a specific manner.
OSHA Violations
- Willful, serious, repeat, and other than serious violations are defined categories of OSHA violations.
- De minimis violations include areas with no immediate safety or health threats.
Hold Harmless Agreement
- A contractual provision where one party assumes the liability of another.
- It's used to avoid lawsuits by assigning responsibility.
Negligence
- Failure to exercise reasonable care, resulting in injury or property damage to another.
- For instance, a landlord's failure to provide adequate security could lead to negligence claims if a renter is robbed.
Exclusive Remedies
- The only solution for a plaintiff in a specific legal situation.
Attractive Nuisance
- A landowner may be held liable for injuries to children who trespass on land with hazardous objects that attract children (e.g., a swimming pool).
Obvious Perils
- A manufacturer is not required to warn about a danger that is obvious to the public.
Mandatory Components of a Legal Contract
- Agreement, consideration, purpose, and competent parties.
Special Damages
- Damages directly caused by a breach of contract.
- These include medical expenses, repairs or replacement of damaged property, loss of wages.
Res Ipsa Loquitar
- The thing speaks for itself.
- Used in accident cases where the harm was caused by the defendant's sole control and would not have occurred without negligence.
Parts of an Insurance Contract
-Declarations (identifying the insured, coverage limits, premiums, etc), Insuring Agreement (the core contract between insurer and insured), Exclusions (what is not covered), Conditions (rules and regulations that need to be met to receive benefits), Endorsements (modifications).
Implied Warranty
- Warranties imposed by law or custom, not specifically stated.
- The seller implies that the product is fit for a particular purpose.
Product Liability Cases
- Negligence, strict liability, express warranty, or misrepresentation.
Product Recall Characteristics
- A detailed written plan outlining individual and company responsibilities and actions.
- Detailed information about the hazard and instructions for usage or return of products.
- Compensation for injuries, investigation of the causes of errors or design.
Safety Consultants Professional Liability
- Covers errors, omissions, libel, and slander. Includes negligence, publication of information with copyright issues, damages, bodily injury, and property damage.
Hold Harmless Agreement (or Indemnity Agreement)
- A contract provision where party 1 is responsible for party 2's legal liabilities.
- A provision in a contract to assign liability in case of a problem.
Food Processing Plant/Attractive Nuisance
- Duty to fence a storm water pond, which the manufacturer/owner had a responsibility to do to protect children in the area.
BCSP Code of Ethics
- Safety of people and the environment and proper use of property, honesty, fairness, impartiality, conduct with integrity and responsibility, honesty, and avoiding conduct that could discredit the profession or deceive the public.
Temporary Total Disability
- A work-related injury that temporarily incapacitates an employee from performing job duties.
Temporary Partial Disability
- A work-related injury temporarily reduces an employee's ability to perform job duties.
Permanent Total Disability
- A permanent, work-related injury or condition that prevents an employee from any substantial work activity.
Employee Unions Impact on Safety
- Unions advocate for safer working conditions and challenge employer reliance on individual worker discipline for safety.
CSP as Company Consultant
- Identifying safety hazards and advising the client.
Res Ipsa Loquitur
- The fact that an accident occurred implies someone was negligent.
- The accident occurring speaks for itself; the accident wouldn't have happened if there hadn't been a deviation from proper care.
Contesting OSHA Citations
- Companies have 15 working days to contest a citation.
Trigger Height for Fall Protection (OSHA)
- 10 feet is the trigger height for fall protection in construction.
OSHRC (Occupational Safety and Health Review Commission)
- The body that adjudicates disagreements over OSHA standards.
- Decisions are appealable to the U.S. Court of Appeals.
Maximum Civil Penalties for Willful OSHA Violations
- $135,000 per violation in 2021.
- Minimum penalty is $9,753.
OSHA Performance Standards
- Defining the expected outcome of a process.
- HAZCOM is an example, outlining the goal for safe handling of dangerous chemicals and materials.
Vertical Standards
- Only specific industries have to consider.
- Example of vertical standard applying differently- Fall protection requirements for construction versus other industries.
Horizontal Standards
- Apply broadly to many different situations.
- Examples: respiratory protection; bloodborne diseases.
Specification Standards
- Fixed requirements for things.
- Example- guardrails
Competent Person
- Individuals capable of identifying and mitigating workplace hazards.
Authorized Person
- Individuals authorized by employers for specific tasks.
Qualified Person
- Individuals with recognized qualifications or experience to address specific job issues or projects.
Designated Person
- Individuals authorized by and assigned by an employer for specific duties.
Recording Injuries and Illnesses
- Within 7 days of occurrence.
Marshall v. Barlow
- Employers are protected by the 4th Amendment regarding unauthorized inspections.
- OSHA inspectors need a warrant to enter private workplaces to inspect.
Insurance Companies and Multipliers
- Use an experience modification rate (EMR) to calculate workers' compensation.
- Calculated by dividing adjusted losses and ballast by expected losses and ballast.
Criminal Proceedings for Willful Violations
- $250,000 maximum per individual, six-month jail time, or $500,000 for the corporation.
Elements of a Legal Contract
- Competent parties, mutual agreement, consideration, and a legal purpose.
Elements of Insurance Contracts
- Declarations, insuring agreements/coverages, definitions, exclusions, and conditions.
Insurance Policy Declarations
- Basic information about the policy (insured, dates, etc.).
Insurance Policy Insuring Agreements/Coverages
- Details what the insurance company is required to cover.
Insurance Policy Definitions
- Definitions of key terms in the insurance policy.
Insurance Policy Exclusions
- Items not covered by the policy.
Insurance Policy Conditions
- Rules outlining claims procedures, payment, situations.
Parts of Insurance Policies
- Endorsements (changes to the policy), sections, and additions that modify the regular coverage.
Privileged Communication
- Information shared between a counselor and student that doesn't have to be shared with third parties.
- This doesn't protect all communications.
Family Right's and Privileges (Buckley Amendment)
- Parents have the right to access school records but the details must be shared in the manner specific to the law.
Qualified Privilege
- Communication, not defamation, in certain situations even though it could be negative about a student.
Defamation
- Damaging someone's reputation by making false statements to other parties.
FERPA (Family Educational Rights and Privacy Act)
- Parents have the right and access to their child's educational records.
Laws Definition of a Parent
- A natural parent, guardian, or a party acting in the parent's place.
Non-Custodial Parent
- Not the primary caregiver, but have rights to records; such as parental-teacher conferences, school reports, and other student matters.
Educational Records
- Records pertaining to the student directly, made by a school, or educational institution.
Due Process
- Procedures followed when a disagreement arises between the school and parents.
Deliberate Indifference
- Schools are legally obligated to address hostile environments and take prompt action.
Cyber-bullying Harassment
- Online harassment targeted at others.
Bullying
- Bullying is the harassment of others, either physically or verbally.
Warning Signs of Bullying in Students
- Unexplained injuries, poor attendance, refusing to go to school, sadness, or being withdrawn.
Signs of a Potential Bully
- Quick to blame, physical or verbal fights, issues in school.
Obligation To Report Bullying
- School personnel are responsible for reporting bullying incidents appropriately.
Foreseeability
- Assessing factors in advance that could cause negative consequences.
In Loco Parentis
- School personnel act as temporary parents and have responsibilities, such as reporting on suspected harm.
2002 Public Act 2-119
- State law outlining the need for school policies for bullying prevention and intervention.
Relationship Violence
- Incidents involve direct harm, threat of harm, and or abuse, reported to necessary parties such as law enforcement and school personnel.
Threat Assessment Risk Factors
- Factors such as a history of violence, nonviolent offending, early initiation of violence, and the failure of intervention efforts.
Socio-Cultural and Individual Risk Factors
- Peer delinquency, peer rejection, stress, poor coping, negative attitudes, risk-taking behavior, and substance use.
Ethical Codes
- Professional values, culture, standards of behavior, and legality.
In Loco Parentis
- School personnel's legal obligation to act "in place of parents" toward students, including responsibility for safety.
Informed Consent
- Details about risks, benefits, and alternatives of counseling options.
- Schools can't require an exception without parental consent.
Duty to Warn
- Counselors are obligated to report or warn any potential risk to other people.
- Protecting others or yourself.
Legal Age of Consent
- In CT, the legal age for sexual activity is 16, with an understanding of age ranges.
Title IX
- Federal law prohibiting sex discrimination in education.
Safe Schools Laws
- Provide protections against bullying, harassment, and discrimination based on sexual orientation and gender identity.
Gender Markers
- Data points on an individual's legal gender are recorded on the student's records.
Disclosure of Information for
Transgender Students
- School personnel should communicate with the student to discover their needs.
- How to identify restrooms based on the student's gender identity.
CSP 570-Ethics and Law Outline
- Comprehensive overview covering legal definitions, ethical considerations, and critical aspects of counselor practice.
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Description
Test your knowledge of key concepts in insurance law, including special damages, exclusions in contracts, and the implications of hold-harmless agreements. This quiz covers fundamental principles that govern insurance policies and liability. Prepare to deepen your understanding of legal standards in the context of insurance.
