CIEE Legal, Safety, & Regulatory Compliance 4 — Questions and Answers
Question 1: An employer implements an ergonomics program after receiving an OSHA citation under the General Duty Clause. The program includes hazard identification, job analysis, and control measures. Which element is also required by OSHA's recommended ergonomics program elements (per OSHA 3123)?
- Annual OSHA Form 300A posting in the CEO's office
- Management commitment, employee involvement, training, and medical management (Correct answer)
- Quarterly third-party ergonomic audits by a certified consultant
- Installation of ergonomic equipment worth at least $500 per workstation
Correct answer: Management commitment, employee involvement, training, and medical management
OSHA's ergonomics program guidelines (OSHA 3123) identify management commitment, employee involvement, hazard identification, job analysis, controls, training, and medical management as core program elements.
Question 2: Which of the following best describes the legal significance of an OSHA 'Notice' versus an OSHA 'Citation' issued after an ergonomic inspection?
- Both carry identical penalties and appeal rights
- A Notice requires abatement but carries no monetary penalty, while a Citation may carry both penalties and abatement requirements (Correct answer)
- A Citation is only issued for willful violations; Notices cover all other violations
- Notices are issued by state agencies only; Citations are exclusively federal
Correct answer: A Notice requires abatement but carries no monetary penalty, while a Citation may carry both penalties and abatement requirements
OSHA Notices (de minimis or hazard alerts) carry no penalty, while Citations formally charge a violation and may include monetary penalties and mandatory abatement timelines.
Question 3: The Voluntary Protection Programs (VPP) Star status requires that a site's Total Recordable Incident Rate (TRIR) be at or below the national average for its industry. How does this relate to ergonomics program compliance?
- VPP exempts sites from all ergonomic inspections permanently
- VPP Star sites must demonstrate a proactive safety and health management system, which includes addressing ergonomic hazards as part of hazard prevention and control (Correct answer)
- VPP participation eliminates the need to maintain OSHA 300 Logs
- VPP only applies to construction sites and has no ergonomics relevance
Correct answer: VPP Star sites must demonstrate a proactive safety and health management system, which includes addressing ergonomic hazards as part of hazard prevention and control
VPP Star sites must demonstrate comprehensive safety and health management systems that address all hazards, including ergonomics, as part of their hazard prevention and control element.
Question 4: Under the ADA Amendments Act of 2008 (ADAAA), how did Congress change the definition of 'disability' as it relates to musculoskeletal impairments?
- The ADAAA narrowed the definition to exclude temporary or episodic conditions
- The ADAAA broadened the definition, making it easier for workers with MSDs to qualify as disabled even if symptoms are episodic or in remission (Correct answer)
- The ADAAA removed musculoskeletal conditions from ADA coverage entirely
- The ADAAA required a minimum of 6 months of symptoms before MSD qualifies as a disability
Correct answer: The ADAAA broadened the definition, making it easier for workers with MSDs to qualify as disabled even if symptoms are episodic or in remission
The ADAAA broadened coverage by clarifying that episodic conditions or those in remission are disabilities if they would substantially limit a major life activity when active.
Question 5: Which ANSI/HFES standard provides design criteria for visual display terminal (VDT) workstations used in office environments, and is frequently cited in U.S. ergonomic compliance programs?
- ANSI/HFES 100-2007 (Human Factors Engineering of Computer Workstations) (Correct answer)
- ANSI Z10-2012 (Occupational Health and Safety Management Systems)
- ANSI/ISEA 107 (High-Visibility Safety Apparel)
- ANSI B11.0 (Safety of Machinery)
Correct answer: ANSI/HFES 100-2007 (Human Factors Engineering of Computer Workstations)
ANSI/HFES 100-2007 provides human factors engineering criteria for computer workstations, covering monitors, keyboards, work surfaces, seating, and lighting.
Question 6: A pharmaceutical company is cited under OSHA's Personal Protective Equipment standard (29 CFR 1910.132) for failing to assess ergonomic hazards in PPE selection. What does this citation imply about the employer's PPE hazard assessment duty?
- PPE assessments must include ergonomic factors such as glove bulk affecting grip and dexterity (Correct answer)
- OSHA requires all PPE to be ergonomically certified by NIOSH
- The PPE standard replaces the need for an ergonomics program
- Ergonomic hazards are excluded from 29 CFR 1910.132 assessments
Correct answer: PPE assessments must include ergonomic factors such as glove bulk affecting grip and dexterity
29 CFR 1910.132 requires a workplace hazard assessment that certifies required PPE, and OSHA has interpreted this to include ergonomic factors such as how PPE (e.g., bulky gloves) can introduce or worsen ergonomic risk.
Question 7: Which scenario represents a 'willful' OSHA violation in the context of ergonomics, which carries the highest monetary penalties?
- An employer corrects an ergonomic hazard one day after an OSHA complaint
- An employer unaware of ergonomic guidelines fails to address a new MSD cluster
- An employer knowingly continues a job design that has caused multiple documented MSDs after being informed of the hazard and feasible solutions (Correct answer)
- An employer provides ergonomic training once per year instead of twice
Correct answer: An employer knowingly continues a job design that has caused multiple documented MSDs after being informed of the hazard and feasible solutions
A willful violation occurs when an employer knows a hazardous condition exists and makes no reasonable effort to eliminate it; continued exposure after documented MSDs and knowledge of feasible solutions meets this standard.
CIEE Legal, Safety, & Regulatory Compliance 4
An employer implements an ergonomics program after receiving an OSHA citation under the General Duty Clause.
The program includes hazard identification, job analysis, and control measures.
Which element is also required by OSHA's recommended ergonomics program elements (per OSHA 3123)?