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Regulatory Investigation & Response Flashcards

7 cards from real SSP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Regulatory Investigation & Response flashcards as text
  1. Under CERCLA (Superfund), which parties can be held liable for cleanup costs at a contaminated site?

    Answer: Current owners, past owners at the time of disposal, generators, and transporters who arranged for disposal

    CERCLA imposes strict, joint, and several liability on four classes of potentially responsible parties: current owners/operators, past owners/operators, generators, and transporters.

  2. A regulated facility experiences an accidental release of a listed hazardous substance above the reportable quantity. Under CERCLA Section 103, notification must be made to:

    Answer: The National Response Center immediately

    CERCLA Section 103 requires immediate notification to the National Response Center (NRC) upon release of a hazardous substance above its reportable quantity.

  3. In a regulatory enforcement context, what distinguishes a 'consent agreement and final order' (CAFO) from a traditional settlement?

    Answer: A CAFO is a negotiated settlement that resolves violations without admitting liability and is executed by the agency head

    A CAFO is an EPA administrative enforcement tool that resolves civil violations through a negotiated agreement that does not require an admission of liability.

  4. When interviewing a potential whistleblower during a regulatory investigation, investigators should prioritize which approach?

    Answer: Protect the whistleblower's identity to the extent permitted by law and document their account thoroughly

    Whistleblower protection laws under OSH Act Section 11(c) and other statutes require investigators to protect the identity of reporting individuals to prevent retaliation.

  5. A security practitioner discovers that a company has been falsifying safety inspection records submitted to a federal regulatory agency. This conduct most likely constitutes:

    Answer: Federal criminal fraud under 18 U.S.C. § 1001, which prohibits false statements to federal agencies

    Knowingly submitting false records to a federal agency violates 18 U.S.C. § 1001, which carries criminal penalties including fines and imprisonment.

  6. The Occupational Safety and Health Review Commission (OSHRC) serves which function in the enforcement process?

    Answer: It is an independent agency that adjudicates contested OSHA citations and penalties

    OSHRC is an independent federal agency that provides an impartial forum for employers and employees to contest OSHA enforcement actions.

  7. A safety practitioner is developing a regulatory response strategy after receiving multiple citations. Which approach best balances legal exposure reduction with operational continuity?

    Answer: Prioritize abating the most serious violations immediately while evaluating merits of lesser citations for potential informal conference resolution

    Abating serious violations demonstrates good faith and reduces injury risk, while evaluating lesser citations for informal conference resolution preserves resources and maintains operational continuity.