CIEE Legal, Safety, & Regulatory Compliance 5 — Questions and Answers
Question 1: In the hierarchy of controls applied to ergonomic hazards, which control type is prioritized highest under both OSHA guidance and ANSI Z10?
- Administrative controls such as job rotation
- Personal protective equipment such as anti-vibration gloves
- Engineering controls that eliminate or reduce the hazard at the source (Correct answer)
- Training programs on proper lifting technique
Correct answer: Engineering controls that eliminate or reduce the hazard at the source
Both OSHA and ANSI Z10 place engineering controls (elimination and substitution at the source) at the top of the hierarchy, above administrative controls and PPE.
Question 2: Under OSHA recordkeeping (29 CFR 1904.5), which work-relatedness rule specifically addresses MSD cases that arise from activities both on and off the job?
- The significant aggravation rule: work must be the sole cause of the MSD
- The presumption of work-relatedness: any MSD that surfaces at work is recordable
- Work is presumed to be a contributing cause unless the injury is caused entirely by non-work factors, in which case a personal exception applies (Correct answer)
- The 50% rule: work must contribute more than half the causation for recordability
Correct answer: Work is presumed to be a contributing cause unless the injury is caused entirely by non-work factors, in which case a personal exception applies
Under 29 CFR 1904.5, an injury is work-related if an event or exposure in the work environment caused or contributed to it; a personal exception applies only if work played no causal role whatsoever.
Question 3: A unionized employer wants to implement an ergonomics program that changes job duties. Under the National Labor Relations Act (NLRA), what obligation does the employer have?
- No obligation — ergonomics programs are management prerogative exempt from bargaining
- The employer must bargain in good faith with the union over changes to working conditions that are mandatory subjects of bargaining, including job duties and work methods (Correct answer)
- The employer must wait until contract renewal to implement any ergonomic changes
- NLRA provisions do not apply to safety and health programs
Correct answer: The employer must bargain in good faith with the union over changes to working conditions that are mandatory subjects of bargaining, including job duties and work methods
Under the NLRA, changes to terms and conditions of employment — including job duties and work methods affected by an ergonomics program — are mandatory subjects of collective bargaining.
Question 4: An OSHA compliance officer is evaluating a poultry processing plant using OSHA's industry-specific ergonomics guidelines. What is the primary legal status of those guidelines?
- Mandatory standards enforceable with direct citations under 29 CFR 1910
- Voluntary guidelines that can support a General Duty Clause citation as evidence of a recognized hazard and feasible abatement methods (Correct answer)
- Internal OSHA documents not admissible as evidence in enforcement proceedings
- Binding only on federal contractors under the McNamara-O'Hara Service Contract Act
Correct answer: Voluntary guidelines that can support a General Duty Clause citation as evidence of a recognized hazard and feasible abatement methods
OSHA industry-specific ergonomics guidelines are voluntary, but they can be cited as evidence that a hazard is recognized and that feasible abatement methods exist in a General Duty Clause case.
Question 5: Which of the following constitutes a 'serious' OSHA violation as opposed to an 'other-than-serious' violation, in the context of an ergonomic citation?
- A violation where there is substantial probability that death or serious physical harm could result (Correct answer)
- Any violation that costs more than $1,000 to correct
- A violation cited for the second time in any inspection
- Any violation involving more than five employees
Correct answer: A violation where there is substantial probability that death or serious physical harm could result
A serious violation exists when there is substantial probability that death or serious physical harm could result and the employer knew or should have known of the hazard.
Question 6: An ergonomic evaluator recommends job rotation to reduce repetitive strain. Under OSHA guidance, what is the primary limitation of job rotation as an ergonomic control?
- OSHA prohibits job rotation as an ergonomic control in manufacturing settings
- Job rotation distributes exposure across workers rather than eliminating the hazard, and can increase overall workforce injury risk if not designed carefully (Correct answer)
- Job rotation requires collective bargaining approval before implementation in any industry
- OSHA requires that rotation intervals be no shorter than 4 hours to be legally compliant
Correct answer: Job rotation distributes exposure across workers rather than eliminating the hazard, and can increase overall workforce injury risk if not designed carefully
OSHA and ergonomics professionals note that job rotation is an administrative control that redistributes, rather than eliminates, ergonomic exposure, and can increase organizational MSD risk if workers rotate into tasks with similar hazards.
Question 7: Which OSHA enforcement mechanism allows the agency to group multiple similar ergonomic violations into a single citation item to reflect a pattern of non-compliance across a worksite?
- Instance-by-instance citations
- Egregious (penalty enhancement) policy (Correct answer)
- Multi-employer citation policy
- Repeat violation grouping
Correct answer: Egregious (penalty enhancement) policy
OSHA's egregious (penalty enhancement) policy allows the agency to treat each instance of a willful violation as a separate citation, dramatically increasing penalties for widespread systemic non-compliance.
CIEE Legal, Safety, & Regulatory Compliance 5
In the hierarchy of controls applied to ergonomic hazards, which control type is prioritized highest under both OSHA guidance and ANSI Z10?