CIEE Legal, Safety, & Regulatory Compliance 5

Question 1

In the hierarchy of controls applied to ergonomic hazards, which control type is prioritized highest under both OSHA guidance and ANSI Z10?

Accepted Answer

Engineering controls that eliminate or reduce the hazard at the source

Answer

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?

Accepted 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

Answer

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?

Accepted 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

Answer

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?

Accepted Answer

Voluntary guidelines that can support a General Duty Clause citation as evidence of a recognized hazard and feasible abatement methods

Answer

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?

Accepted Answer

A violation where there is substantial probability that death or serious physical harm could result

Answer

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.

(CIEE) Certified Industrial Ergonomic Evaluator Practice Test

(CIEE) Certified Industrial Ergonomic Evaluator Practice Test

CIEE Legal, Safety, & Regulatory Compliance 5