CIEE Return-to-Work & Accommodation 5 â Questions and Answers
Question 1: A small employer with 10 employees is exempt from the ADA's reasonable accommodation requirements because:
- They have fewer than 15 employees, placing them below the ADA coverage threshold (Correct answer)
- They are a non-profit organization
- They are located in a rural area
- Their industry is not covered by federal employment law
Correct answer: They have fewer than 15 employees, placing them below the ADA coverage threshold
The ADA applies only to employers with 15 or more employees; smaller employers may still be covered by state disability laws.
Question 2: During a return-to-work ergonomic assessment, the evaluator identifies that repetitive pinch grip is unavoidable in the worker's essential functions. The BEST accommodation strategy is:
- Eliminate the product line requiring the pinch grip
- Introduce tool redesign or grip aids to redistribute force and reduce pinch demands (Correct answer)
- Require the worker to wear wrist splints continuously
- Limit the worker to the task for no more than 5 minutes per day
Correct answer: Introduce tool redesign or grip aids to redistribute force and reduce pinch demands
Tool redesign or grip aids reduce peak pinch force and alter grip patterns, managing the exposure while preserving the essential function.
Question 3: The 'direct threat' defense under the ADA allows an employer to exclude a returning worker when:
- Any possibility of re-injury exists
- There is a significant risk of substantial harm to the worker or others that cannot be eliminated by reasonable accommodation (Correct answer)
- The worker has a history of prior workers' compensation claims
- The employer's insurer recommends exclusion to limit liability
Correct answer: There is a significant risk of substantial harm to the worker or others that cannot be eliminated by reasonable accommodation
Direct threat requires an individualized, objective assessment showing significant, imminent risk that cannot be reduced through accommodation.
Question 4: For a returning worker with a 20 lb lifting restriction, which Snook table criterion is the ergonomic evaluator MOST likely to reference?
- Maximum acceptable weight of carry for 8 hours
- Maximum acceptable weight of lift for the task's frequency and vertical distance (Correct answer)
- NIOSH lifting equation composite score for a single ideal lift
- Liberty Mutual hand force guidelines for push/pull tasks
Correct answer: Maximum acceptable weight of lift for the task's frequency and vertical distance
Snook tables provide maximum acceptable weights by lifting frequency, vertical range, and container size, directly applicable to lifting restriction comparisons.
Question 5: An ergonomic evaluator discovers a returning worker has been performing restricted tasks without reporting symptom recurrence to avoid losing their position. The BEST immediate action is:
- Report the worker's non-compliance to HR for disciplinary action
- Conduct a confidential discussion to understand barriers and reinforce the importance of reporting symptoms (Correct answer)
- Increase the worker's restrictions as a precaution
- Terminate the transitional duty assignment immediately
Correct answer: Conduct a confidential discussion to understand barriers and reinforce the importance of reporting symptoms
Understanding the worker's fear of job loss and reinforcing a non-punitive reporting culture encourages early symptom identification before re-injury occurs.
Question 6: Which element distinguishes a job accommodation from a 'fundamental alteration' of the position under the ADA?
- Whether the accommodation costs more than $500
- Whether the modification removes an essential function of the job (Correct answer)
- Whether the employee has a documented disability prior to hire
- Whether the employer has existing equipment to repurpose
Correct answer: Whether the modification removes an essential function of the job
An accommodation becomes a fundamental alterationâand is therefore not requiredâwhen it eliminates or removes an essential job function.
Question 7: A comprehensive return-to-work plan developed by an ergonomic evaluator should include all of the following EXCEPT:
- Specific physical restrictions and their duration
- A timeline for progressive return to full duty
- The worker's personal medical diagnosis shared with all coworkers (Correct answer)
- Designated supervisory contact for daily monitoring
Correct answer: The worker's personal medical diagnosis shared with all coworkers
Medical diagnosis details are confidential under ADA and HIPAA; supervisors need only know functional restrictions, not the diagnosis.
A small employer with 10 employees is exempt from the ADA's reasonable accommodation requirements because: