Domain 9: Law and Ethics PDF

Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d 1. Basic Elements of a Contract 1. Agreement 2. Consideration 3. Purpose...

Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d 1. Basic Elements of a Contract 1. Agreement 2. Consideration 3. Purpose 4. Competent Parties 2. Entity responsible for defects in a The entire production chain from raw product as it moves from manu- material to finished product can be held facturer to consumer is: liable for a defective product. 3. Privity Direct relationship between injured par- ty and party whose negligence caused the accident. Rule was broken in the 90s, automobile manufacturer ruled liable for an injury accident involving a failed wheel. The automobile manufacturer based its de- fense on the privity rule. The company had sold the car to a dealer, had no contract with the injured party, and was therefore not liable to the plaintiff. The healer was not liable since he had not built the car. The ruling however indicat- ed that the car manufacturer had a duty to inspect the product sold for defects, anything less was negligence. 4. Plaintiff a person who brings a case against an- other in a court of law. 5. Foreseeability excludes liability for harms that were sufficiently unforeseeable at the time 1 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d of the defendant's tortious conduct that they were not among the risks that made the defendant negligent 6. Strict Liability Concept whereby the plaintiff need not show negligence or fault to prove liabili- ty. 7. Tort 8. express warranty 9. 5 categories of OSHA violation Willful Serious Repeat Other than serious de minimis: includes areas where there is no immediate threat to safety and health. 10. de minimis insignificant; minute; frivolous 11. hold-harmless (indemnity) agree- A contractual provision that obligates ment one of the parties to assume the legal li- ability of another party. Is used between two parties to establish that the indem- nitee is protected from any unforeseen liabilities, losses, claims, or damages during the indemnitee's involvement in an activity. A hold harmless agreement is devel- oped to prevent lawsuits be assigning liability in a contract. Hold harmless means that is there is a problem and a suit later, one party shields or "holds harmless" the other. 2 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d 12. Negligence Failure to exercise a reasonable amount of care or to carry out a legal duty, so that injury or property damage occurs to another. An example would be a land- lord who did not provide adequate se- curity, and the renter was robbed. 13. Exclusive Remedy the only solution, or compensation, available to a plaintiff in a particular legal situation 14. Attractive Nuisance Doctrine applies to the law of torts, in the United States. It states that a landowner ,ay be held liable for injuries to children trespassing in the land if the injury is caused by an object on the land that is likely to attract children. A backyard swimming pool is an example. 15. Tort Wrongful act or a failure to exercise due care that results in damage or injury in the broadest sense. 16. Obvious Peril A manufacturer would not have to label a large bladed hunting knife because the object involved obvious peril. Some- times called an obvious hazard, that is well known to the public. 17. 4 mandatory components of a le- A legal contract must have 4 parts: gal contract -Agreement -Consideration -Purpose -Competent Parties 18. Exclusive Remedy The only solution, or compensation, available to a plaintiff in a particular legal situation Exclusive remedy is a provision of work- 3 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d ers' compensation law which allows that a worker's remedy for a work-related injury includes only workers' compensa- tion benefits and limits or eliminates a worker's right to file a personal injury lawsuit if they are injured at work. Employers who are normally immune from tort actions by employees because of workers' compensation laws may be held liable for additional damages as a party who has committed a wrongful or negligent act beyond its role as employ- er. Example: An employee of an aerosol shaving cream manufacturer is injured by an exploding can while handling stock. The manufacturer is liable to the employee under worker's compensation laws, but it may also be held responsible for manufacturing a defective can. The employee then may choose to bring a civil suit, where the potential recovery is greater than the statutory remedy of workers' compensation. 19. Special Damages Damages claimed and/or awarded in a lawsuit which were out-of-pocket costs directly as the result of the breach of contract, negligence, or other wrongful act by the defendant. Special damages can include medical bills, repairs and replacement of property, loss of wages, and other damages which are not spec- ulative or subjective. 20. To be a valid contract, all require- ments outlined in the offer must be completed 4 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d 21. Res Ipsa Loquitar The thing speaks for itself. Is involved in accidents where the damage producing agent was under the sole control of the defendant and the accident would not have happened if the defendant would have exercised proper control. 22. Parts of an Insurance Contract Declarations Definitions Insuring Agreement Exclusions Conditions Endorsements 23. Parts of Insurance Contract (Dec- Identify who is insured, address, insur- larations) ing company, what risks or property are covered , policy limits (amount of insur- ance)(, any applicable deductibles, poli- cy period and premium amount. These are usually provided on a form that is completed by the insurer based on the insured's application and attached on top of or inserted within the first few pages of a standard policy form. 24. Parts of Insurance Contract (In- Describes the covered perils, or risks surance Agreement) assumed, or nature of coverage, or makes some reference to the contrac- tual agreement between insurer and in- sured. It summarizes the major promis- es of the insurance company, as well as stating what is covered. 25. Parts of Insurance Contract (Defi- Define important terms used in policy nitions) language 26. Parts of Insurance Contract (Ex- Negates coverage from insuring agree- clusions) ment by describing property, perils. haz- ards, or losses arising from specific 5 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d causes that are not covered by the poli- cy. 27. Parts of Insurance Contract (Con- Provisions, rules of conduct, duties, and ditions) obligations required for coverage. If pol- icy conditions are not met, the insurer can deny the claim. 28. Parts of Insurance Contract (En- Additional forms attached to the poli- dorsements) cy form that modify it in someway, ei- ther unconditionally or upon existence of some condition. Endorsements can make policies difficult to read for non- lawyers; they may modify or delete clauses located several pages earlier in the standard insuring agreement, or even modify each other. Because this very risky to allow nonlawyer under- writers to directly rewrite core policy language with word processors. Insur- ers usually direct underwriters to modify standard forms by attaching endorse- ments preapproved by counsel for var- ious common modifications. 29. Implied Warranty An unwritten guarantee that the good or service is fit for the purpose for which it was sold Implied warranty is the implication by a dealer that a product will serve a specific purpose. The implication must be made by: - Placing it on sale for that purpose - Advertising it for that purpose. -Indicating in books or manuals that it will operate in a manner that could rea- 6 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d sonably be interpreted as being suitable for that purpose. 30. Three fundamental legal princi- - Negligence, which tests the conduct of ples that can be used by plaintiffs the defendant in product liability cases include: - Strict Liability and implied warranty, which test product quality. - Express warranty and misrepresen- tation, which test product performance against the manufacturer/seller's repre- sentations. This may be referred to as Breach of Warranty. 31. Which characteristics of a product The single most important part of a suc- recall are the most important? cessful product recall is the establish- ment if a detailed written plan that out- lines individual and company respon- sibilities and actions. This "Emergency Action Plan" must encompass all as- pects of a recall and could include items such as communication of a warning if necessary; details of the hazard; in- structions for continued usage or re- turn; removal and modification of exist- ing products from inventory; compensa- tion for injury; investigation of the caus- es of error, lack of warning, or design, etc. 32. Safety Consultants Professional Covers errors and omissions, libel and Liability slander, negligence, oral and written publication of information that causes damage and infringement upon copy- righted materials. Safety Consultants Commercial General Liability covers bodily injury/property damage, fire dam- age, and medical expenses. 33. Hold-harmless agreement (or in- A contractual provision that obligates demnity agreement) one of the parties to assume the legal 7 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d liability of another party. Used between two parties to establish that the indem- nitee is protected from any unforeseen liabilities, losses, claims, or damages during their involvement in an activity. A Hold Harmless Agreement is developed to prevent lawsuits by assigning liability in a contract. Hold harmless means that if there is a problem and a suit later, one part shields, or "holds, harmless" the other. A hold harmless clause is a statement in a legal contract stating that an individual or organization is not liable for any injuries or damages caused to the individual signing the contract. An individual may be asked to sign a hold harmless agreement when undertaking an activity that involves risk for which the enabling entity does not want to be legally or financially responsible. 34. A food processing plant has a Attractive Nuisance storm water containment pond that is not fenced. If a child drowns in the pond, what is the legal doc- trine a plaintiff could use in a law- suit? 35. Attractive Nuisance A dangerous place, condition, or object that is particularly attractive to children. Landowner may be held liable for in- juries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. 36. BCSP Code of Ethics This code sets forth the code of ethics and professional standards to be ob- served by holders of documents of cer- tification conferred by the Board of Cer- 8 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d tified Safety Professionals. Certificants shall, in their professional activities, sus- tain and advance the integrity, honor, and prestige of the profession by adher- ence to these standards: 37. BCSP Code of Ethics # 1. HOLD paramount the safety and health of people, the protection of the environ- ment and protection of property in the performance of professional duties and exercise their obligation to advise em- ployers, clients, employees, the public, and appropriate authorities of danger and unacceptable risks to people, the environment, or property 38. BCSP Code of Ethics # 2 BE honest, fair, and impartial; act with responsibility and integrity. Adhere to high standards of ethical conduct with balanced care for the interests of the public, employers, clients, employees, colleagues, and the profession. Avoid all conduct or practice that is likely to discredit the profession or deceive the public 39. BCSP Code of Ethics # 3 ISSUE public statements only in an ob- jective and truthful manner and only when founded upon knowledge of the facts and competence in the subject matter. 40. BCSP Code of Ethics # 4 UNDERTAKE assignments only when qualified by education or experience in the specific technical fields involved. Ac- cept responsibility for their continued professional development by acquiring and maintaining competence through continuing education, experience pro- 9 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d fessional training, and keeping current on relevant legal issues. 41. BCSP Code of Ethics # 5 AVOID deceptive acts that falsify or mis- represent their academic or profession- al qualifications. Not misrepresent or ex- aggerate their degree of responsibili- ty in or for the subject matter of prior assignments. Presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, or past accomplishments with the intent and purpose of enhancing their qualifi- cations and their work. 42. BCSP Code of Ethics # 6 CONDUCT their professional relations by the highest standards of integrity and avoid compromise of their profes- sional judgment by conflicts of interest. When becoming aware of professional misconduct by a BCSP certificant, take steps to bring that misconduct to the attention of the Board of Certified Safety Professionals 43. BCSP Code of Ethics # 7 ACT in a manner free of bias, dis- crimination or harassment on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sex- ual orientation, veteran status or any characteristic protected by the law of the applicable jurisdiction. 44. BCSP Code of Ethics # 8 SEEK opportunities to be of construc- tive service in civic affairs and work for the advancement of the safety, health, and well-being of their community and 10 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d their profession by sharing their knowl- edge and skills. 45. Temporary Total Disability A disability caused by a work-related in- jury or disease that temporarily renders an injured worker unable to perform any job duties for a period of time. Example: Dr. visit prescribed with 3 days of work, then able to return without re- strictions. 46. Temporary Partial Disability A disability caused by a work-related injury or disease that temporarily limits the extent to which a worker can perform job duties; the worker is eventually able to return to full duties and hours. Worker receives restrictions 47. Permanent Total Disability A disability that prevents an individual from engaging in any substantial gain- ful activity because of a medically de- termined physical or mental impairment that is expected to result in death, or that has lasted or is expected to last for a continuous period of not less than 12 months. 48. Domain 9: Law and Ethics Quiz 4:15 (Begin At) 49. Employee Unions Can Impact Unions are important participants in Safety safety culture. They want to eliminate injuries that harm their members. To do that, unions favor changes to the workplace that make it safer. Unions have challenged the reliance of some employers upon discipline of individual workers for safety-related behaviors. 11 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d Unions assert that the disciplining of in- dividuals fir errors is far less effective than a program of precedent planning, risk assessment, and engineering con- trols. A fail-safe device or design makes the errors less likely to cause injuries. The desirable investment in workplace design change that the union prefers would render the machine quieter, the floor safer, and the equipment guards impregnable to removal or evasion. This emphasis shifts the issues away from discipline if errant people to the needs for engineers to devise built-in constraints on people's capacity for ac- cepting risk or making foolish judge- ments. Unions effectiveness in collective bar- gaining for safety issues varies with eco- nomic situations, and with the urgency felt by an individual local bargaining team to assert safety issues. If the union is able to win concessions on safety is- sues, the enhanced union management effort probably increases the likelihood that workers will support the culture and act with greater awareness of safety. 50. As a CSP you are working as You have the professional responsibility a consultant for a company and to advise the client of the risks of seri- identify a condition that poses se- ous injuries and help the client to find a rious risk to the employees. You solution. notify the client of serious safety 12 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d concerns, and he tells you that he does not have the money to fix the condition. The most ethical re- sponse to this situation is to: 51. You are conducting a safety in- The first action should be to contact the spection of a manufacturing plant supervisor who has control of the work- in southwest Missouri. The site place and discuss the infraction. visit is designed to fulfill two pur- poses: 1. Mentor a university safety de- gree intern 2. Determine regulatory compli- ance of the facility. During the inspection, you ob- serve an employee, without eye protection working at a bench in- stalling parts. This is not a haz- ardous operation, but it is posted "eye protection" area. What is the best course of action? 52. The plaintiff's attorney contacts a c. Counter the offer with an hourly free CSP with specific subject matter schedule. expert witness for a highly publi- cized court case. The attorney of- You do not want to seem as if you are fers to compensate the CSP with going to be bias, if you win you have a 5% of the settlement if the plain- stake in the game, will present a conflict tiffs case is successful. What is of interest in providing a non bias pro- the most ethical act. fessional opinion. a. Accept the offer with an addi- tional upfront retainer fee. b. Reject the offer and report the attorney to the BCSP c. Counter the offer with an hourly fee schedule 13 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d d. Counter the offer requesting 10% of the settlement 53. You are working fir a general d. Notify the general site management contactor and assisting subcon- staff to resolve the issue and commutate tractors with job safety analy- the policy to the appropriate parties. sis on a multiemployer hob site. The electricians identified a new It is important for a safety professional to pipefitter task that would assist realize when issues are beyond his/her the plumbers with installing water control. lines. The pipefitters stated that the union agreement precluded For management/labor operational con- them from assisting the plumbers. flicts, it is best to direct the issue to What is the best course of action management for resolution. to resolve the issue of task re- sponsibility. a. Assign the responsibility to all trades b. Negotiate tasks with the union representatives c. Assign the task responsibility to only the pipefitters. d. Notify the general site manage- ment staff to resolve the issue and commutate the policy to the ap- propriate parties. 54. You are representing a general b. Advise the project manager of the contractor at the site and called to risks for workers entering an unprotect- assist with an underground pipe ed trench, the risk of damage to the installation. The trench is 15 foot installation when attempting to retrieve deep in class C soil. The final con- the subcontractor's equipment remotely. nections have been made, and all workers and protection systems have been removed. The project Your primary responsibility is to inform manager states that if the pro- the decision-makers of the risk expo- ject is completed by today's dead- sure to workers entering an unprotected line the company will receive an trench. Then help the decision maker 14 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d on-time bonus. A subcontractor explore solutions to achieve acceptable notifies you that he has left an level of risk. expensive laser pipe level in the trench and needs the tool to con- Entering an unprotected 15 foot deep tinue a task. Which is the best ad- excavation is a clear violation of the reg- vice to the decision makers? ulations and advising the contractor to to enter an unprotected trench actively a. Inform the project manager of or tacitly, is unethical. After communi- the risks, direct the trench compe- cating the risks, a fair resolution may tent person to escort the subcon- be attempting to retrieve the equipment tractor into the trench to retrieve remotely using the backhoe, providing the equipment and standby as the that the risk of damage to the project entry attendant. is acceptable. If an option is technical- ly legally, or theoretically acceptable, b. Advise the project manager of then another good measure is to de- the risks for workers entering an termine if it is balanced. The decision unprotected trench, the risk of to tell the subcontractor, "tough its your damage to the installation when fault," is perhaps not balanced or fair. attempting to retrieve the subcon- Not is exposing workers to unaccept- tractor's equipment remotely. able risk for production gains. A skilled backhoe operator may be able to re- c. Direct the equipment operator trieve the equipment remotely without to close the trench and inform the damage and complete the project on project manger that the subcon- time. tractor's tools are not the general contractor's responsibility. d. Advise the subcontractor to enter the trench during the next break to retrieve the equipment and be careful not to collapse the trench or be witnessed. 55. Professional Ethics refers to: Ethics refers to a set of principles and standards that guide the actions of pro- fessionals that are often reference in civ- il or criminal cases involving profession- al conduct. A basic definition of ethics is: moral prin- 15 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d ciples or practice. Professional ethics require considera- tion of additional areas including, pro- fessional values, culture, acceptable standards of behavior, and legality. Professionals will likely face ethical dilemmas during their career. Some day-to-day ethical dilemmas are simple to determine the correct course of ac- tion; others are not as clear. 56. Management has increased work c. Inform/communicate increased haz- hours and is pushing for more ards due to increased production and productivity. As a CSP, you are verify that risk is acceptable. concerned about some of the safety risks associated with this Informing/ communicating to upper production schedule. You should: management the increased hazards due to increased production and verify- a. Report concern to the US De- ing that risk is acceptable and the best partment of Labor solution. b. Tell workers to launch a work slowdown c. Inform/communicate increased hazards due to increased produc- tion and verify that risk is accept- able. d. Not challenge management, ac- cept the production schedule. 57. As a salaried safety professional No. because this situation does not for a large company, you are ob- avoid circumstances where compro- ligated to be a faithful agent to mise of conduct or conflict of interest your employer. You have recent- may arise related to safety responsibili- ly purchased a substantial finan- ties. cial interest as a limited partner in a medium-sized safety consult- ing firm. Your employer recently acquired a new business that had hired your consulting firm to per- 16 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d form a safety compliance audit au- dit. You were assigned the task. After disclosing the conflict of in- terest to your boss, she permits you to perform the work. Is this an acceptable resolution? 58. You are part of an interview team If you have difficulties finding an indi- to fill a new facility manager po- vidual or question an individual's certi- sition. The candidate claims to be fication status, please contact our office a CSP but is not listed on BCSP at [email protected] or at 1317-593-4800. website as a credential holder, you To report unauthorized use, use the should: BCSP complaint form. Individuals who have used BCSP credentials without au- thority are listed in the directory when click the unauthorized use. The Unau- thorized use registry is a listing of indi- viduals who have claimed to hold BCSP credentials but do not. BCSP receives inquiries from a variety of sources, in- cluding other credential holders, em- ployers, and membership organizations. BCSP pursues all cases in which there is clear evidence of the unauthorized use and the individual has a clear re- sponsibility, control or knowledge of the use. Evidence may be a business card, resume, letter, web site, or other publi- cation. -Publish Name on BCSP website: -Cease and Desist Agreement 59. You are conducting an an audit The best course of action is to note the in a supervisor's area. and he a hazard in the report along with the con- friend of yours. You identify signif- versation with the supervisor with the icant hazards in his department, planned corrective actions. and the supervisor tells you he - Be honest, fair and impartial 17 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d will fix the hazards by end of day. - Issue public statements only in an Which is best course of action. objective and truthful manner and only when founded upon knowledge and competence in the subject matter. - Avoid deceptive acts that falsify or mis- represent or exaggerate their degree of responsibility, in or for the subject matter of prior assignments. 60. Insurance companies use a mul- Insurance companies that provide work- tiplier to calculate and provide ers' compensation coverage now use workers' comp insurance. That an additional multiplier known as the multiplier is known as: experience modification rate (EMR or E-Mod) to assist in the determination EMP=(adjusted actual losses + of the cost of workers' compensation ballast)/(expected losses + bal- costs. last) It is calculated by dividing the sum of adjusted actual losses and ballast by the sum of expected losses and ballast. 61. If convicted of a criminal proceed- $250,000 per individual and 6 months in ing of a willful violation that has jail or $500,000 for a corporation. resulted in death, what is the max- imum fine and sentencing for an employer? 62. OSHA has several different types HAZCOM of standards, what is an example of a performance standard? Performance standards specify the end result to be achieved, not the methodol- a. Fall protection ogy used to achieve it. b. Guardrails c. Respiratory Protection d. HAZCOM 63. OSHA performance standard Performance standards specify the end result to be achieved, not the methodol- ogy used to achieve it. HAZCOM is an example of this. 18 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d 64. Vertical Standards Provisions that apply to only one type of industry or activity, or are applied dif- ferently across different industries. Fall protection is an example of a verti- cal standard applying differently to con- struction versus other industries. 65. Horizontal Standards Provisions that apply to a wide variety of operations and industries. Respiratory protection and blood borne pathogens are examples of horizontal standard ap- plying in all industries. 66. Specification Standards Fixed requirements stipulating dimen- sions, materials, types, etc. Guardrails are an example of specification stan- dards. 67. A person who is capable of identi- Competent person fying existing and predictable haz- ards in the surroundings or work- ing conditions which are unsani- tary, hazardous, or dangerous to employees, and who has autho- rization to take prompt corrective measures to eliminate them, is known as a(n): 68. Competent person A person who is capable of identify- ing existing and predictable hazards in the surroundings or working condi- tions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt correc- tive measures to eliminate them. 69. Authorized Person Someone approved by the employer to perform a specific type of duty or duties 19 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d or to be at a specific location at the job site. 70. Qualified person A person who, by possession of a recog- nized degree, certificate, or profession- al standing, or by extensive knowledge, training, and experience, has demon- strated the ability to solve or prevent problems relating to a certain subject, work, or project. 71. Designated Person Assigned by an employer to perform a specific type of duty or duties or to be at a specific location at the job site. 72. How quickly must each injury or Within 7 days of receiving information illness be recorded? that a recordable injury or illness oc- curred. 73. Marshall v. Barlow - OSHA inspector asks to search work areas. - Barlow refused admission unless in- spector got a warrant. - HELD: Inspector must get a warrant. Major loss for OSHA concerning the le- gal issue of the right to entry. Case from Idaho that eventually made its way to the Supreme Court. The court ultimately ruled in favor of Barlow, stat- ing the OSHA could not inspect the non-public areas of a company without permission or a warrant, as this would violate the Fourth Amendment. OSHA does not have a warrantless right of en- try. It is important to note that OSHA, in most jurisdictions, is able to fast-track 20 / 21  Domain 9: Law and Ethics Study online at https://quizlet.com/_8mh37d requests for warrants and can usually get them very quickly. 74. How many days does a compa- 15 working days after the employer re- ny have to contest a citation from ceives the citation OSHA? 75. According to OSHA regulations 10 feet (29 CFR 1926) for construction, different activities have different trigger heights for fall protection requirements. What is the trigger height for fall protection in Sub- part L (scaffolding)? 76. OSHRC (Occupational Safety and Adjudicates disagreements resulting Health Review Commission) from citations to employers for noncom- pliance with OSHA standards. Decisions by OSHRC judges may be appealed to a U.S. Court of Appeals. 77. What is the maximum civil penalty OSHA may propose penalties of up to OSHA may impose for each willful $135,000 per violation (2021). violation? The minimum willful violation penalty is $9,753. OSHA regularly updates the maximum and minimum penalties for civil violations and their website should be checked to verify the most up to date values. 78. Respiratory Protection 21 / 21  Domain 9 - Law & Ethics Study online at https://quizlet.com/_bdpjen 1. BCSP provides ___________ that must be Code of Ethics observed by holders of all BSCP certifica- tions. 2. Consumer Product Safety Improvement The law enacted in 2008 re- Act quiring safety testing for chil- dren's toys and products, con- troversial for its impact on small businesses and second- hand stores. 3. What does PE stand for? Professional Engineer 4. T or F? Findings should always be noted True in the report whether they are corrected before or after the report is generated. 5. _____ is used when a defendant is liable Strict Liability for damages no matter the intent or mental state when the damages occur. 6. Strict liability is typically used in two situ- When the defendant was en- ations: gaged in dangerous activity, and when the product is defec- tive. 7. ___________ is when damages occur that Negligence would not have normally occurred if the person or entity exercised normal or com- monly accepted actions or failed to act at all. 8. _______ says that a landowner may be held Attractive Nuisance liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. 9. ________ law determines negligence or li- Tort ability for damages caused by persons or 1/7  Domain 9 - Law & Ethics Study online at https://quizlet.com/_bdpjen entities and determines compensation for the damages. 10. Tort Law generally falls into three cate- Product Liability/Strict liabili- gories: ty, Intentional Torts, Negligent Torts 11. What was created in an attempt to provide Model Uniform Products Lia- some standardization of product liability bility Act (MUPLA) laws? 12. _____ is the doctrine that is adopted by Exclusive Remedy all state worker's compensation laws that stipulates employees may not make a legal claim against the company for injuries, but is entitled to coverage of medical costs, missed work, and other injury-related ex- penses. Employees may sue when an in- jury results from willful negligence on part of the employer. 13. ________ is somewhat related to exclusive No Fault remedy in that employers receive the ben- efit of not being sued by employees, but employees also get the benefit of the WC system not having to prove fault by either party. 14. ______ doctrine applies to products that Obvious Peril have commonly known hazards such as that of a gun, knife, chain saw, etc. 15. ___________ is generally used in tort law Res Ipsa Loquitur by the plaintiff. It literally means that be- cause the facts are so obvious, the plaintiff need not explain anymore. 16. _______ generally means that a person or Foreseeability entity is responsible for causing damage if the actions that caused the damage are 2/7  Domain 9 - Law & Ethics Study online at https://quizlet.com/_bdpjen actions that are known to cause injury or damage. 17. ________ are civil cases involving lawsuits Torts that claim an injury or damage. 18. The four required elements of a legal con- Competent parties, agree- tract are: ment, purpose, consideration 19. The five elements of all insurance con- Declarations, Insuring agree- tracts or policies are: ments/coverages, definitions, exclusions, conditions 20. The _______ section of an insurance policy Declaration provides basic info such as the insured's name, address, policy dates, etc. 21. The ______ section of an insurance policy Insuring Agreements / Cover- specifies what the insurance company has ages agreed to pay for in exchange for the pre- mium. 22. The ______ section of an insurance policy Definitions includes explanations or definitions of key terms used in the contract. 23. The _______ section of an insurance policy Exclusions lists specific exposures that are not cov- ered by the policy, for example, winds from hurricanes may be excluded from a general liability policy for a building. 24. The ________ section of an insurance poli- Conditions cy qualifies the promises made by the in- surer, for example, the insurer is not re- sponsible for damages if the policy has not been paid, is current, or fi the insured does not submit a claim within X days of the event. 3/7  Domain 9 - Law & Ethics Study online at https://quizlet.com/_bdpjen 25. ____________ sections of insurance poli- Endorsements cies are statements that modify coverage. 26. _______ involves disputes between indi- Civil Law or Civil cases viduals or entities in which compensation is awarded to the victim. 27. _________ is when the employee is able to Temporary partial disability work but has a restriction that is temporary. 28. __________ would be an employee that Temporary total disability may not work but the noon-work status is not permanent. 29. _________ indicates that the employee can Permanent partial disability work but has been assigned career restric- tions. 30. _________ indicates that the employee Permanent total disability cannot work due to injuries for the remain- der of their career. 31. A determination of a permanent disabil- Maximum Medical Improve- ity status is typically made through a ment (MMI) _________ examination conducted by a physician. 32. The best term to describe the numeric dis- Impairment Ratings ability to an injured employee's body is called: 33. The ________ determines how much the Impairment Ratings employee receives in permanent disability benefits and is differed based upon each states workers comp rules. 34. _______ is often used in workers comp to Life expectancy determine benefits when there is perma- nent total or partial disability. 4/7  Domain 9 - Law & Ethics Study online at https://quizlet.com/_bdpjen 35. _________ is a method case managers may Utilization review use to validate or refute the need for med- ical treatment prescribed by medical pro- fessionals. 36. What is the most far-reaching data privacy General data protection regu- law enacted? lation 37. What does the General Data Protection It imposes obligations onto or- Regulation do? ganizations anywhere, so long as they target or collect data related to people in the EU. 38. T or F: The United States does not have a True federal level privacy act covering all busi- ness sectors. 39. ____________ governs the collection of Health Insurance Portability health insurance. and Accounting Act 40. _______ addresses personal information The Gramm Leach Bliley Act collected by banks and financial institu- tions. 41. ________ also known as COPPA, governs Children's Online Privacy Pro- the collection of information about minors. tection Act 42. T or F: Congress does not have to approve True, but they may overturn OSHA rules. rules through the Congres- sional Review Act. 43. What are the 7 stages of the OSHA rule- Stage 1 - Identify a Hazard making process? Stage 2 - Developing a pro- posed Rule Stage 3 - Obtain Approval and Publish the Proposed Rule Stage 4 - Develop and Analyz- ing the Rulemaking Stage 5 - Develop the Final Rule 5/7  Domain 9 - Law & Ethics Study online at https://quizlet.com/_bdpjen Stage 6 - Publish the Final Rule to the Federal Register Stage 7 - Post-Promulgation Activities 44. _____ uses deductive fault tree techniques Soft Tree to analyze software, software-hardware in- terfaces and human-hardware interfaces. 45. _______ can be used to identify potential Soft Tree data leaks, data loss, points of system in- trusion, potential critical system errors. 46. ________ lists components of an accident, FMEA the manner or mode in which each item can fail, and determines the effects of each failure. 47. The failure of the product to perform as Breach of Warranty represented by the manufacturer or seller constitutes ______. 48. ___________ include verbal or written Express warranty statements made by the manufacturer to the purchaser that the product will or will not perform in certain ways and meet cer- tain standards. 49. _______ do not have specific warranty Implied warranty statements. Instead the product or service does what it is expected to do. 50. _________ or ______ are used in contracts Indemnity agreements or hold to minimize exposure to risks associated harmless agreements with the other party's actions. For exam- ple, a contract employee is injured on an- other company's property and the contrac- tor agrees to indemnify the company from costs associated with the injury. 6/7  Domain 9 - Law & Ethics Study online at https://quizlet.com/_bdpjen 51. _________ covers bodily injury, personal General liability injury, and property damage that occurs on your premises, but excludes those items that may arise out of your professional ser- vice. 52. ____________ covers situations when Professional Liability Insur- someone claims you as a consultant have ance (also called Errors & been negligent or made an error or omitted Omissions Insurance) information that resulted in a financial loss, bodily injury, or property damage. 53. ________ provides limits over or on top Umbrella Coverage of the coverage limits provided in existing auto or business owner policies and allows you to purchase additional liability protec- tion for a minimal additional premium. KEY WORD ADDITIONAL 54. A provision of the OSHA statute that pro- Whistleblower vides the employers may not retaliate against an employee because the employ- ee has filed a complaint or executed any other rights provided to employees is com- monly known as: 55. ___________ is a federal law that protects Sarbanes-Oxley Act (SOX investors by making corporate disclosures Act) more reliable and accurate. 56. OSHA Act "Employers shall furnish to each General Duty Clause of his employees employment and a place of employment which are free from recog- nized hazards that are causing or are likely to cause death or serious physical harm to his employees." 7/7  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 1. Written Consent Must include: Specific records to be disclosed, state pur- pose of disclosure, and the party or parties to whom disclosures may be made need to be identified 2. Directory Infor- Includes: Name, Address, Listed telephone number, ac- mation tivities and sports, weight, height, most recent previous school, within current district: dates of attendance, de- grees, and honors, field of study, date and place of birth 3. Criminal Law A crime against society such as fraud and tax evasion, murder, armed robbery, and rape. Defendants do not al- ways go to trial. Sometimes deals are made between prosecutors and defendants 4. Civil Wrong A wrong against another person that causes physical, emotional, or monetary damage, if this occurs a school counselor would be charged with negligence or civil wrong. These can include disputes over money, property, contracts, or personal well-being. These include malprac- tice, Libel, or personal injury 5. Negligence To prove negligence: 1. The school counselor owes a duty to a student or parent/guardian of a student 2. The school counselor breaches the duty owed 3. There is sufficient legal causal connection between the breach of duty and the injury 4. The student or parent/guardian suffers an injury or dam- ages, and an assessment is made 6. Duty In legal terms, duty requires an establishment of a rela- tionship where the defendant owes the plaintiff a duty to act reasonably. Think of this as we have specific duties as school counselors to our students depending on specific activities that we are apart of. 7. Reasonableness The precautions we take as school counselors with stu- dents 8. Breach of duty 1 / 12  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 Implies that we as school counselors did not uphold the expected duty owed to the student 9. Educational Mal- The failure to render professional service that reasonably practice should be expected from educators. 10. Federal Court Three Levels: System -District Courts -Circuit Courts -Supreme Court 11. Federal Judges Selected by the president with advice and consent of the Senate. They can have these positions for the rest of their lives or they can retire. The House and the Senate could impeach federal judges too. 12. District Courts General trial courts and hold trials with the federal court system both civil and criminal 13. Circuit Courts After cases are decided, they can be appealed through these courts 14. Supreme Court The highest court in the U.S. judicial system. Has the power to decide appeals on all cases brought into federal court or those brought into state court but dealing with federal law. 15. Courts of Limited Small claims, probate, justice of the peace Jurisdiction 16. Superior Courts Function at the country level, can handle criminal and civil cases 17. State Appellate Used for appeal cases when defendants are not satisfied Courts with the results of a case and feel there are questions of law or procedure 18. School Coun- Examples: Child custody, child abuse or disciplinary action selors As Wit- nesses 2 / 12  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 19. School Coun- Examples: Defamation, Qualified Privilege, Abortion or selors As Defen- birth control counseling dants 20. Privileged Com- Can keep confidentiality and not testify in court if asked to. muncation In CT we do not have privileged communication meaning we have to testify in court if we asked to. We could try to get a motion to squash the subpoena to not testify and protect confidentiality but that is not always granted. 21. Court Order Requires us to produce info for court such as student records 22. Subpoena Requires us to perform an act such as producing some- thing or testifying in court 23. McKinney-Veto As school counselors we need to report if a students Homeless tell us they are homeless. This act also requires that if a Assistance Act student is homeless the school needs to provide them with (2001) transportation to school 24. Sole possession Not educational records, must be used as a memory aid, notes not be shared with anyone, should be created by you, only should include observations and professional opinions. These are private and should be stored away from student records. 25. Case Notes Are considered education records. Parents and qualified students have access to them. Used to track participation in your program or to summarize presenting issues or concerns. Should be brief to protect confidentiality. 26. Mandated Re- School counselors are mandated reporters meaning that porters we have to report suspected abuse and if we don't there could be fines or lawsuits brought against us. Even if we suspect abuse or neglect and DCF says there's no need for further investigation, it is still important that we reported it. Our employers cannot penalize us for being wrong about the suspected abuse or neglect. Need to orally report 3 / 12  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 within 12 hours. Need to have a written report within 48 hours 27. Laws Definition 1. Has had physical injuries inflicted upon him or her other of Abuse than accidental means 2. Has injuries which are at a variance with the history given of them 3. Is in a condition to which is the result of maltreatment such as, but not limited to malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional mal- treatment or cruel punishment. 28. Signs from child These are not all, just a few: of physical abuse Shrinks at the approach of an adult, reports an injury by a parent or caregiver, has unexplained burns, bites, bruises, broken bones, or black eyes 29. Signs from par- Offers conflicting, unconvincing or no explanation for child' ents as the phys- injury, describes the child as evil or speaks negatively, ical abusers uses harsh physical discipline, or has a history of abuse as a child 30. Laws Definition 1. Has been abandoned of Neglect 2. Is being denied proper care and attention, physically, educationally, emotionally, or morally. 3. Is being permitted to live under conditions, circum- stances, or associations injurious to his well-being 4. Applies to children birth to 18 years old 31. Signs from child These are not all, just a few: of neglect 1. Abuses alcohol or other drugs 2. Begs or steals for food or money 3. Is consistently dirty or has a strong odor 32. Signs from par- Appears to be indifferent to child, Seems apathetic or ents as the ne- depressed, Behaves irrationally or in a bizarre manner, glecters and is abusing alcohol or other drugs 33. Signs from child These are just a few, not all: of sexual abuse 1. Runs away 4 / 12  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 2. Reports sexual abuse 3. Has difficulty walking or sitting 4. Reports nightmares or bedwetting 34. Signs from par- Being protective of their child when there is no need to ents as sexual be, severely limits the child's contact with other children, is abusers secretive or isolated, or is jealous or controlling with family members 35. Signs from child These are just a few, not all: of emotional 1. Has attempted suicide abuse 2. Shows extremes in behavior 3. Reports a lack of attachment to parent 36. Signs from par- Constantly blames, belittles, or blames the child, is uncon- ents as emotion- cerned about the child and refuses to consider offers of al abusers help, or rejects the child 37. Consequences These are just a few, not all: of Abuse 1. Minor to severe injuries 2. Violent behaviors 3. Death 4. Low self-esteem 5. Attention disorders 38. Serious and "A reasonable person would be able to predict or expect Foreseeable the ultimately harmful result of his or her actions" Harm 39. Sexually Active In State of CT the following can be provided without con- Teens sent: Contraceptive foam or film, info about birth control, pregnancy tests, diagnosis and treatment for certain sex- ually transmitted diseases 40. Safe Haven Laws To protect the lives of abandoned babies ages 30 days or younger. There are no repercussions for the mother giving the baby up to the nursing staff within the 30 days after the birth of the baby. Schools have to teach this law in health ed classes. 5 / 12  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 41. Legal Age of In CT it is 16 so students this age and older can legally Consent have sex with certain additional requirements. 13 year olds can have sex legally but there are specific rules and age requirements of the sex partner. With any age, there will be age requirements for it to not be considered rape. 42. Title IX -Strengthens the position for a human school environment -Schools are liable if "severe" and "pervasive" -Bars sex discrimination/harassment in schools which causes a "hostile" environment 43. Title IX -Harassment of LGBTQ students=gender discrimination or sexual harassment -Schools must protect students from harassment of a sex- ual nature 44. Title IX Title IX is a federal civil rights law that prohibits discrim- ination on the basis of sex in education programs and activities. All public and private elementary, secondary, school districts and college and universities receiving fed- eral funds must comply with Title IX. This includes discrim- ination on the basis of sex, including sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion. 45. Safe School Protects students from bullying and harassment based on Laws sexual orientation and gender identity 46. Gender Markers The designation on school and other records that indicate what a student's gender is. Parents can request that their child's gender marker be amended. 47. Disclosure of School principal and parents of a child will meet to discuss Information for whether or not other school staff will be informed of the Transgender Stu- students identity. If so, those other school staff will be dents identified. There are other topics that could be discussed in the meeting, one of them being what restroom(s) the student should have access to. 48. 6 / 12  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 Equality Act This is a federal protection that incorporates protections (2019) against LGBTQI+ discrimination into the Civil Rights Law and it prohibits discrimination based on sex, sexual orien- tation and gender identity. 49. The Virginia Val- Became the first Southern state to ban LGBTQI+ discrim- ues Act of 2020 ination and outlawed conversion therapy for minors. 50. Laws Definition "...unwelcome conduct of a sexual nature. Sexual harass- of Sexual Harass- ment can include unwelcome sexual advances; requests ment for sexual favors; other verbal or nonverbal or physical conduct of a sexual nature..can limit or deny, on the basis of sex, the student's ability to participate in or receive ben- efits, services or opportunities in the school's program." 51. Quid pro quo "This for that" or "a favor for a favor"-A type of sexual ha- rassment when something is conditioned on responding to unwanted sexual advances. 52. Hostile Environ- A type of sexual harassment, specifically in schools it is ment when a person in the school environment says or does something that creates a climate of discomfort and hostil- ity. 53. 3 Elements of 1. The behavior is sexual in nature or at least related to the Sexual Harass- gender of the person ment 2. The behavior occurs in an unequal relationship where one person has more power over another (physical, psy- chological, authoritative, or other). 3. The behavior is unsolicited or unwelcome 54. Dear Colleague Elaborates on what constitutes acts of sexual violence for Letter schools, gives explicit directives for schools 55. Sexual Harass- It encompasses a vast range of behaviors and it could rely ment on the victims possible uncertainty about how to describe and label what is happening to them. School counselors are required by law to report any sexual harassment to administration 7 / 12  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 56. Deliberate Indif- "If a school otherwise knows or reasonably should know of ference a hostile environment and fails to take prompt and effective corrective action, a school has violated Title IX." Schools must take action and if they do not they may be forced to remedy the situation or lose federal funds if they receive any. 57. Cyber-bullying Involves the use of information and communication tech- Harassment nology...to support deliberate, repeated, and hostile be- havior by an individual or group that is intended to harm others. Title IX applies to cyber-bullying. 58. Bullying Verbal or physical aggression demonstrated in words, ac- tions, or social exclusion intended to specifically hurt or harm another. Sexual harassment is a form of bullying 59. Warning Signs These are just a few, not all: that a Student is 1. Unexplained Injuries Being Bullied 2. Afraid to go to school 3. Runs away from home 4. Feels moody, helpless 60. Signs of a Poten- These are just a few, not all: tial Bully 1. Is quick to blame 2. Physical or verbal fights 3. Gets in trouble in school 61. Obligation to Re- In CT, school counselors have an obligation to report port Bullying bullying. 62. Foreseeability When school officials are informed or told that there is a potential of harm 63. In loco parentis School personnel stand in relation to parents and guardians 64. 2002 CT Public Requires boards of education to develop a policy to ad- Act 2-119 dress bullying 65. 8 / 12  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 CT's 2011 Expands policies to prevent bullying, including prohibiting Anti-Bullying online speech that "causes physical or emotional harm" to Law another student. 66. Public Act 11-232 Added the following requirements for school staff: -All school employees are trained annually, including teacher candidates. -Employees must report to school officials, orally within one day and in writing within 3 days. -School officials must report promptly, parents of children must be notified within 48 hours after investigation is com- plete. -Each school must have a safe school climate plan, includ- ing a coordinator to help with implementation. 67. Public Act 11-232 School must respond to bullying if at school, on bus, at bus stop, any school related event or if it impacts the school environment. 68. Public Act 11-232 Schools are required to establish and implement a written bullying prevention and intervention strategy 69. 2019 Raised Bill Aimed at modifying the definition of bullying. It adds def- No. 7215 initions of positive school climate, emotional intelligence and social and emotional learning. Calls for screening of students who may be at-risk for suicide and state-wide climate assessments. 70. Proposed Bill: Goal is to make sure daily classroom safety is included in 453 safe school climate plans. This bill also wants to establish a student to school social worker ratio, and to require notification of incidents of violations of daily classroom safety. 71. Relationship Vio- If a student comes to us and there is a case of relationship lence violence, as the school counselor we must be reported to administration. Depending the situation we have to share relevant information with police and/or family. 72. 9 / 12  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 Threat Assess- These are just a few, not all of them: ment Risk Fac- 1. History of violence tors 2. Nonviolent offending 3. Early initiation of violence 4. Intervention Failures 73. Socio-cultural These are just a few, not all of them: and Individual Socio-cultural: Risk Factors -Peer delinquency -Peer rejection -Stress and poor coping Individual: -Negative attitude -Risk taking -Substance use 74. Law Purpose is to codify a value or set of values; a minimum standard society will tolerate; laws and their interpretation differ by geographic location 75. Ethical Codes "Result of values within a profession or organization and bind those who, by membership, ascribe to them" 76. In-loco Parentis Act as a parent in terms of climate and decorum of the school environment. Obligated to promote harmony and protect student interests. "Protect the rights of the child when the child is in their care, control, and protection in the school environment." 77. Informed Con- Disclosure of risks, benefits, and alternatives to coun- sent seling in terms that they can understand. Exceptions to confidentiality: danger to self and others, child abuse situ- ation, court order. Obtaining parental permission, School counselors do have a right to provided services to their students 78. Duty to Warn Obligation to act if client is a danger to self or others. Sui- cide, assault, need to break confidentiality to prevent harm to others, needs to see that intended victim is warned 10 / 12  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 79. Privileged Com- As the counselor you don't have to share records or in- munication formation that you have about students if you don't want to. CT school counselors do not have privilege commu- nication rights, we can be required to share records or information that we have about students. 80. Family Rights Parents have the right to inspect all school records, and Privileges parental consent is required for testing or interventions, Act of 1974 personal logs and treatment records are not school (Buckley Amend- records, parents must authorize release of information for ment) minor children, and counselors cannot keep information about minor children confidential from parents 81. Qualified Privi- School counselors have the right to say things about stu- lege dents that are not flattering but necessary to fulfill their duties. Ex: Communicating motivation or aggression in a student 82. Defamation Ex: If you speak about a student in a setting that is not professional-"defamation of character" 83. FERPA -Federal legislation relating to educational records and how these records are handled to protect children and families. -The standard that is followed by the Department of Edu- cation & Department of Health and Human Services. -Private schools follow HIPPA 84. FERPA -Identifies parents' right to view or amend their children's educational records they feel are inaccurate, and to decide within certain parameters, who can have access to their children's records -Students within secondary schools of age 18 or older can also access their own records -Noncustodial parents also have access to their child's records 85. FERPA -Consent is required before personally identifiable infor- mation is shared. -Students who are over the age of 18 have eligible student 11 / 12  CSP 570-Ethics and Law Study online at https://quizlet.com/_biv0y5 rights -Schools must share records with the parent unless the courts demand otherwise -Does not allow consent through e-mail 86. FERPA -Allows directory info such as name, address, and tele- phone number to be released, the district can change this policy, parents could also opt out of this policy -Schools can share any information related to terrorism and can share with foster care/welfare agencies who are responsible for the child's care 87. FERPA -Special education records are also protected under FER- PA -Gives the parent of an opportunity for a hearing to chal- lenge the content of records on the ground of questionable accuracy, misleading, or other violation of rights. 88. Laws Definition A natural parent, a guardian, or an individual acting as a of a Parent parent in the absence of a parent or guardian 89. Noncustodial Parent who has child lesser time than custodial parent. Parent Has the same rights to records and information unless stated otherwise by a court order. Noncustodial parents can be contacted in academic or behavioral issues, par- ent-teacher conferences, receive report cards, progress reports, or academic records. Step-parent on a "day to day basis" 90. Educational Records directly related to the student and maintained by Records an educational agency or institution or by a party acting for the agency or institution 91. Due Process steps that school and parents must take to settle a dis- agreement 12 / 12