In what case did the Supreme Court hold that the OSH Act

In what case did the Supreme Court hold that the OSH Act

Question 9

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In what case did the Supreme Court hold that the OSH Act and HAZWOPER preempt a state occupational safety and health law, even though the state law purports to a “dual” purpose or impact (protecting public as well as worker safety and health)?


The American Bridge case
Caldwell v. U.S.
Whirlpool v. Marshall
The Gade case




Question 10

Which of the following is not true regarding the OSHA Investigation Procedure?


An employee representative is entitled to participate in the inspection of the employer’s premises.
Prior to walking the premises, the CSHO will convene an opening conference.
The CSHO can post and secure a temporary restraining order for a place of business that forces the employer to immediately abate an imminent danger.
Agency regulations permit the CSHO to consider expanding the scope of investigation based on the information available during the inspection process.

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