CIEE Legal, Safety, & Regulatory Compliance 2 — Questions and Answers
Question 1: Under OSHA's General Duty Clause (Section 5(a)(1)), employers are required to provide a workplace free from recognized hazards. Which ergonomic condition would most likely trigger a General Duty Clause citation?
- Employees reporting occasional fatigue at the end of a shift
- A production line requiring sustained pinch grip with high repetition causing documented MSDs (Correct answer)
- Office workers using non-adjustable chairs in a low-turnover job
- Warehouse employees occasionally lifting boxes under 10 lbs
Correct answer: A production line requiring sustained pinch grip with high repetition causing documented MSDs
OSHA uses the General Duty Clause to cite ergonomic hazards when there is evidence of a recognized hazard causing or likely to cause serious harm, such as documented MSDs from high-repetition pinch grips.
Question 2: Which OSHA standard specifically mandates ergonomic controls for tasks involving hand-arm vibration exposure in certain industries?
- 29 CFR 1910.217 (Mechanical Power Presses)
- 29 CFR 1910.135 (Head Protection)
- There is no specific federal OSHA standard; the General Duty Clause applies (Correct answer)
- 29 CFR 1910.147 (Lockout/Tagout)
Correct answer: There is no specific federal OSHA standard; the General Duty Clause applies
OSHA currently has no specific standard for hand-arm vibration; enforcement relies on the General Duty Clause (Section 5(a)(1)) of the OSH Act.
Question 3: An ergonomic evaluator discovers that a state-plan state has an ergonomics regulation more stringent than federal OSHA requirements. What is the correct legal interpretation?
- The federal standard preempts the state rule automatically
- The employer may choose whichever standard is more convenient
- The state standard applies because state plans may exceed federal OSHA requirements (Correct answer)
- The employer must petition OSHA before complying with the state rule
Correct answer: The state standard applies because state plans may exceed federal OSHA requirements
State-plan states are authorized to have standards that are 'at least as effective' as federal OSHA, and they may be more stringent; employers in those states must comply with the stricter state rule.
Question 4: Which document does OSHA use to describe ergonomic best practices for a specific industry when no formal standard exists?
- Compliance Safety and Health Order (CSHO)
- Voluntary Protection Program (VPP) charter
- OSHA Ergonomics Program Standard (29 CFR 1910.900)
- OSHA Industry-Specific Ergonomics Guidelines (e.g., nursing homes, poultry processing) (Correct answer)
Correct answer: OSHA Industry-Specific Ergonomics Guidelines (e.g., nursing homes, poultry processing)
OSHA has published voluntary, industry-specific ergonomics guidelines (e.g., for nursing homes and poultry processing) to provide guidance when no mandatory standard exists.
Question 5: Under the Americans with Disabilities Act (ADA), an employer is required to provide reasonable accommodation for an employee with a work-related MSD. Which action would NOT qualify as a reasonable accommodation?
- Providing an adjustable-height workstation
- Reassigning non-essential job duties that cause pain
- Eliminating the core essential functions of the position (Correct answer)
- Allowing a modified work schedule for physical therapy appointments
Correct answer: Eliminating the core essential functions of the position
The ADA requires reasonable accommodation but does not require an employer to eliminate the essential functions of a job; removing core duties fundamentally alters the position.
Question 6: A company's OSHA 300 Log shows a cluster of MSD entries in the assembly department over 6 months. Under OSHA recordkeeping rules (29 CFR 1904), which criterion determines whether an MSD is recordable?
- Any employee complaint of discomfort, regardless of treatment
- Work-related injury or illness resulting in days away, restricted duty, job transfer, medical treatment beyond first aid, loss of consciousness, or diagnosis by a healthcare professional (Correct answer)
- Any case requiring more than two over-the-counter pain relievers
- Only cases that result in permanent disability or surgery
Correct answer: Work-related injury or illness resulting in days away, restricted duty, job transfer, medical treatment beyond first aid, loss of consciousness, or diagnosis by a healthcare professional
Under 29 CFR 1904, a work-related MSD is recordable if it meets any of the general recording criteria: days away, restricted work, job transfer, medical treatment beyond first aid, loss of consciousness, or a significant diagnosed condition.
Question 7: The NIOSH lifting equation produces a Recommended Weight Limit (RWL). If the Lifting Index (LI) exceeds 3.0, what is the appropriate regulatory and risk interpretation?
- The task is acceptable for most workers with minimal training
- The task poses a low ergonomic risk and no action is required
- Significant ergonomic risk exists; immediate job redesign is warranted and OSHA General Duty Clause exposure is likely (Correct answer)
- The task meets OSHA's mandatory weight limit of 50 lbs
Correct answer: Significant ergonomic risk exists; immediate job redesign is warranted and OSHA General Duty Clause exposure is likely
A Lifting Index above 3.0 indicates a substantially elevated risk of low-back injury for most workers, and such a task could support an OSHA General Duty Clause citation if MSDs are documented.
CIEE Legal, Safety, & Regulatory Compliance 2
Under OSHA's General Duty Clause (Section 5(a)(1)), employers are required to provide a workplace free from recognized hazards.
Which ergonomic condition would most likely trigger a General Duty Clause citation?