CIEE Legal, Safety, & Regulatory Compliance 3 — Questions and Answers
Question 1: Which federal agency, separate from OSHA, publishes exposure action values (EAVs) and exposure limit values (ELVs) for hand-arm vibration that U.S. ergonomic evaluators often reference from international standards?
- NIOSH — National Institute for Occupational Safety and Health
- EPA — Environmental Protection Agency
- ACGIH — American Conference of Governmental Industrial Hygienists (Correct answer)
- CPSC — Consumer Product Safety Commission
Correct answer: ACGIH — American Conference of Governmental Industrial Hygienists
ACGIH publishes Threshold Limit Values (TLVs) for hand-arm and whole-body vibration that are widely referenced by U.S. ergonomic evaluators in the absence of a specific OSHA vibration standard.
Question 2: An ergonomic evaluator is assessing a construction site. Which OSHA regulation requires employers to control ergonomic hazards related to manual concrete work, particularly regarding tool weight and handle design?
- 29 CFR 1926.50 (Medical Services and First Aid)
- 29 CFR 1926.502 (Fall Protection Systems Criteria)
- There is no specific OSHA construction ergonomics standard; General Duty Clause applies (Correct answer)
- 29 CFR 1926.250 (General Requirements for Storage)
Correct answer: There is no specific OSHA construction ergonomics standard; General Duty Clause applies
OSHA has no specific construction ergonomics standard; enforcement of ergonomic hazards in construction relies on the General Duty Clause of the OSH Act.
Question 3: Under workers' compensation law, the legal concept that determines whether an employer is liable for an MSD that was aggravated by work activities but pre-existed employment is called:
- Contributory negligence
- Aggravation doctrine (or apportionment) (Correct answer)
- Exclusive remedy rule
- Respondeat superior
Correct answer: Aggravation doctrine (or apportionment)
The aggravation doctrine (and related apportionment rules) governs how workers' compensation liability is allocated when work activities aggravate a pre-existing condition.
Question 4: A multinational manufacturer operates plants in both California and Texas. California's ergonomics regulation (Title 8, CCR §5110) applies to repetitive motion injuries. Which statement is accurate?
- §5110 requires intervention only after three or more employees are injured in 12 months
- §5110 applies when two or more employees performing the same job task are diagnosed with the same RMI by a licensed physician within 12 months (Correct answer)
- §5110 is a voluntary guideline with no enforcement penalties
- Texas has an equivalent regulation that mirrors California's §5110
Correct answer: §5110 applies when two or more employees performing the same job task are diagnosed with the same RMI by a licensed physician within 12 months
California's §5110 (Repetitive Motion Injuries) is triggered when two or more employees performing the same or similar tasks are diagnosed with the same RMI by a licensed physician within 12 months.
Question 5: Which type of OSHA inspection is most likely to be triggered by a pattern of MSD entries on a company's OSHA 300 Log?
- Programmed inspection based on high-hazard industry targeting (Correct answer)
- Unprogrammed inspection initiated by employee complaint
- Follow-up inspection after a prior citation
- A referral inspection from another government agency
Correct answer: Programmed inspection based on high-hazard industry targeting
OSHA's programmed inspections target high-hazard industries and may use OSHA 300 Log data and injury rate rankings to select establishments for inspection.
Question 6: The 'feasible abatement' requirement in OSHA General Duty Clause enforcement means that a cited employer must demonstrate:
- The hazard was corrected within 24 hours of the inspection
- A method exists to materially reduce the hazard and the employer failed to implement it (Correct answer)
- All employees were provided PPE as a substitute for engineering controls
- The cost of abatement exceeded 10% of annual revenues
Correct answer: A method exists to materially reduce the hazard and the employer failed to implement it
For a valid General Duty Clause citation, OSHA must show that a feasible means of abatement exists (engineering, administrative, or PPE) that would materially reduce the recognized hazard.
Question 7: Under 29 CFR 1904.7, which of the following treatments for an MSD would classify the case as 'first aid only' and therefore NOT recordable?
- Prescription anti-inflammatory medication
- Physical therapy ordered by a physician
- One-time use of a non-prescription medication at nonprescription strength (Correct answer)
- Work restriction to avoid repetitive gripping for one week
Correct answer: One-time use of a non-prescription medication at nonprescription strength
Under 29 CFR 1904.7(a), use of non-prescription medication at nonprescription strength is classified as first aid and does not make a case recordable.
CIEE Legal, Safety, & Regulatory Compliance 3
Which federal agency, separate from OSHA, publishes exposure action values (EAVs) and exposure limit values (ELVs) for hand-arm vibration that U.S. ergonomic evaluators often reference from international standards?