Law and Ethics Q & A PDF

2. In regard to tort, all of the following statements are correct EXCEPT: a) The word tort denotes a common law civil wrong for which a court will provide a remedy. b) Tort arises from the existence of a generalized legal duty to avoid causing harm to others. c)...

2. In regard to tort, all of the following statements are correct EXCEPT: a) The word tort denotes a common law civil wrong for which a court will provide a remedy. b) Tort arises from the existence of a generalized legal duty to avoid causing harm to others. c) Tort can arise through acts of omission, as well as, commission. d) Tort arises from an explicit promissory agreement between the parties to the action. Ans) D 3. Tort law in product liability includes the concept of “duty to warn”. Which of the following is not a criterion for determining whether a duty warn exists? a) Potential for an accident when the product is used without warning b) Probable seriousness of injuries c) Effectiveness and feasibility of a warning d) Laws or regulations applicable to the warning. Ans) D 4. Which of the following regulates the safety of automobile fuels? a) EPA b) OSHA c) DOT d) CPSC Ans) D 5. Company A sells a product to company B which in turn sells the product to a consumer C. “Privity” exists between: a) Company A and Consumer C b) Consumer C and Company A c) Company A and Company B d) All of the above Ans) C 6. The Consumer Products Safety Act requires that manufactures, distributors and private labellers of consumer products that are subject to this act certify that their products are in compliance with the provisions of this act. Which of the following is NOT part of the certification label? a) CPSC Identification number b) Statement of compliance c) Identification of manufacturer or distributor d) Identification of private labeller. Ans) A 7. Which of the following situation eliminates the need for a consumer product warning label? a) The danger is foreseeable b) The danger can only result lack of exercise of due care c) The danger is obvious d) The danger can only result from the user’s negligence Ans) C 8. All of the following are true in regard to a consumer product warning label EXCEPT: a) The potential for causing harm must be indicated b) The warning must be well communicated c) The manufacturer, distributor, or private labeller is responsible to provide warning. d) The applicable PEL or TLV must be indicated. Ans) D 9. Decisions regarding the ability of workers to perform the tasks required for the job must be made in accordance with which of the following? a) Occupational Safety and Health Act b) Occupational Disability Act c) Americans with Disability Act d) Workers with Disability Act Ans) C 10. Which of the following statements BEST describes the expression “res ipsa loquitur” that is sometimes used in product safety litigation cases? a) Strict liability exists on the part of the product manufacturer. b) A direct relationship or privity exists between the product manufacturer and the product distributor c) Express warranty does not have to be in writing. Verbal expression of the product manufacturers also constitute express warranty. d) Situations when it is assumed that a person’s injury was caused by the negligent action of another party because the accident was the sort that would not occur unless someone was negligent. Ans) D 11. Which of the following statements best describes the most recent ruling on the product liability statute of limitations? a) All product liability tailgates are covered by the statute of limitations b) The statute covers only products with uncertain life expectancy c) The product liability tail must be limited by the contractual agreement. d) The statute does not begin to run until an injury has occurred. Ans) D 12. All of the following statements are true in regard to the OSHA Hazard Communication Standard (29 CFR 1910.1200) EXCEPT: a) The standard deals with hazardous chemicals only. b) The standard requires that hazardous chemical manufacturers, importers, or distributors prepare container labels. c) The standard requires that hazardous chemical manufacturers, importers, or distributors prepare Safety Data Sheets(SDS). d) The standard requires that employers provide 40 hours of training to those employees who have potential for exposure to hazardous chemicals either during normal operations or in an emergency. Ans) D 13. Under the tort law “punitive damages” maybe awarded to plaintiff for the purpose of punishing the defendant in a civil lawsuit. Punitive damages under the tort law are also known as : a) Exemplary Damages b) Compensatory Damages c) Hidden Damages d) Contributory Damages Ans) A 14. “Anticipatory Breach of Contract” occurs when one party to the contract stops performing according to the terms of the contract leaving the other parties believing that he has no intention of fulfilling his part of the contract. Anticipatory breach is also known as : a) Anticipatory Repudiation b) Frustration of purpose c) Rescission d) Force Majeure Ans) A 15. Which of the following terms is used in contracts and insurance policies for protection of parties involved in the event the terms of the contract cannot be fulfilled due to natural and unavoidable catastrophes? a) Partial Breach b) Material Breach c) Force Majeure d) Frustration of Purpose Ans) C 16. The type of contract between a consumer and a car dealership for leasing a car is called: a) Compulsory Contract b) Executory Contract c) Caveat emptor d) Non-disclosure contract Ans) B 17. In disability terminology, “Quadriplegic” refers toa person with: a) Birth anomaly b) A learning disability c) Spinal cord injury d) Dementia Ans) C 18. In disability terminology, the term “demented” refers toa person with: a) Congenital disability b) Alzheimer’s disease c) Learning disability d) Polio Ans) B 19. In disability terminology, the term “epileptic” refers toa person with: a) Emotional disorders b) Psychiatric disorders c) Seizure disorders d) Developmental disability Ans) C 20. Which of the following legal frames is designed to protect a company’s trade secrets in the United States : a) Uniform Trade Secrets Act (UTSA) b) Trade Secrete Protection Act (TSPA) c) Misappropriation of Trade Secrets Act (MTSA) d) Federal Trade Secrets Protection Act (FTSPA) Ans) A 21. Jim owns two television sets. One is a new HD model and the other an older set which is not HD. Jim is selling the older model to Mike. However, Mike is under the impression that he is buying the new HD set. Which element of a valid contract has been violated? a) Offer and acceptance b) Free consent of parties c) Mutual consent of parties d) Possibility of performance Ans) C 22. All of the following are essential elements of a valid contract EXCEPT a) Mutual consent of parties b) Monetary considerations c) Free consent of parties d) Offer and acceptance Ans) B 23. “Free consent of parties” is one of the elements of a valid contract. “Consent” means the parties must agree upon the same thing in the same sense. Which of the following causes a consent not to be free? a) Fraud b) Misrepresentation c) Coercion d) All of the above Ans) D 24. Which of the following IS NOT one of the canons of professional conduct set for the by the Board of Certified Safety Professionals? a) Hold paramount the safety, health, and welfare of the public. b) Issue public statements only in an objective and truthful manner. c) Perform safety, health, and environmental services in all related areas. d) Act for each employer or client as faithful agents or trustees. Ans) C 25. A safety professional has discovered an imminent danger hazard in an operation in the workplace. Which of the following is the MOST appropriate action by the safety professional? a) Notify anyone who is familiar with the operation and report to nearest OSHA area office. b) Notify anyone who is familiar with the operation and ensure that the corrective action is taken. c) Shut down the operation and notify the responsible operation supervisor. d) Notify the operation supervisor and recommend immediate corrective action. Ans) D 26. All of the following can affect the ethical/unethical decision making EXCEPT: a) Language Background b) Stage of moral development c) Organizational environment d) Locus of control Ans) A 27. Certified Safety professionals can earn points for “Continuance of Certification”(COC) by attending professional conferences. According to the BCSP the percentage of safety related materials in the conference must be at least: a) 50% b) 40% c) 60% d) 75% Ans) A 28. How many COC points can be earned by attending a 2 day professional conference which is at least 50% safety related? a) 2.5 b) 2.0 c) 1.5 d) 1.0 Ans) D 29. Which of the following statements are true regarding a safety professional who adheres to the profession’s code of ethics? a) Provide a safe work environment regardless of the means used to achieve this goal. b) Reports to OSHA any imminent danger in the workplace that is not corrected. c) Provides advice and consultation only in the areas of his/her expertise. d) Requests for disciplinary action for workers who repeatly commit unsafe acts. Ans) C 30. Any charges of unethical conduct against a Certified Safety Professional must: a) Be submitted to the BCSP in writing with a copy sent to the individual affected by the charges. b) Be in writing, notarized and submitted to BCSP. c) Be in writing submitted to the individual affected, BCSP and ASSE president. d) Be in writing and be submitted to the BCSP and local municipal court. Ans) B 31. As a CSP, you have been asked by company that manufactures pressure vessels to review their design and approve it. You should: a) Review the design for a flat fee b) Request a percentage of total sales c) Review that design and make necessary adjustments prior to approval. d) Tell the company that the job is beyond your areas of expertise. Ans) D 32. During a safety inspection, you have discovered that a pipe carrying a highly toxic chemical under high pressure is badly corroded and poses a serious threat to the safety and health of the personnel, the public, and the environment. As a CSP, your first step should be to : a) Shut down the process immediately and inform the responsible supervisor. b) Inform the responsible supervisor for immediate corrective action. c) Inform the responsible supervisor and the plant manager for immediate corrective action. d) Inform the responsible supervisor for immediate corrective action and report the hazardous condition to OSHA area office. Ans) B 33. All of the following statements describe the concepts of “ethics” except : a) Philosophical study of moral values b) Distinguishing good from bad and right from wrong. c) Developing and justifying sets of moral principles, duties, and obligations. d) A science that cannot guide human thought and actions and is based only on description of moral and ethical facts. Ans) D 34. Your company has decided to conduct a HAZOP on a hazardous process. The company has hired an outside contractor to conduct HAZOP and you have been assigned to serve on the HAZOP team. The contractor ahs asked you to help out with the project and has offered a flat fee for your services. As a CSP, which of the following is the most appropriate action to take? a) Reject the monetary offer and provide the services free of charge b) Reject the monetary offer and do not provide any services to the contractor. c) Accept the flat fee and provide the services to the contractor d) Reject the flat fee offer and ask for a reasonable hourly rate for your services Ans) A 35. Which of the following has the potential of coming into conflict with what is the morally the right thing to do? a) Legal requirement b) Religion requirements c) What family and friends believe one should do d) All of the above Ans) D 36. All of the following forms of immoral actions must be regulated by law EXCEPT? a) Action’s involving one’s speech b) Having immoral thoughts c) Actions involving one’s body d) Actions involving one’s private property Ans) B 37. Which of the following statements are correct? a) Morality deals with the way the laws in a society are made. b) The main goal of ethics is to train people to develop a virtuous character. c) Ethical behaviour is concerned with making sure that everyone follows the rules. d) Ethical theories are often impossible to apply to actual situations. Ans) B 38. Decontamination is required for which of the following operations? a) Fire fighting b) Laboratory Work c) Demolition d) Spill response Ans) D 39. Which of the following best describes the General Data Protection Regulation (GDPR)? a) It is an OSHA standard aimed at protection of medical information b) It is a new set of rules designed to give EU citizens more control over their personal data. c) It is part of the Uniform Trade Secret Act (UTSA). d) It regulates software developers to include data security in development of software. Ans) B 40. A trade secret can be defined as almost anything which gives a company an economic advantage over its competitors. However, the owner of a trade secret is required to take reasonable steps to protect and safeguard the confidentiality of a trade secret. Labelling the secret materials is one way of achieving this goal. All of the following are legends that can be used for label EXCEPT: a) Trade Secret b) Confidential c) Secret d) Stockholders' business property Ans) D