COHN OSHA and Regulatory Compliance Questions and Answers — Questions and Answers
Question 1: An employee sustains a deep cut from a piece of machinery. The occupational health nurse refers the employee to an urgent care center where the physician closes the wound with sutures. The employee returns to their full, unrestricted job duties the same day. According to OSHA 29 CFR 1904.7, is this event recordable on the OSHA 300 log?
- No, because the employee did not have any days away from work or job restrictions.
- No, because sutures are considered a form of first aid by OSHA.
- Yes, because the injury required a visit to a physician.
- Yes, because using sutures is considered medical treatment beyond first aid. (Correct answer)
Correct answer: Yes, because using sutures is considered medical treatment beyond first aid.
According to OSHA standard 29 CFR 1904.7, an injury is recordable if it results in medical treatment beyond first aid. OSHA provides a specific list of what constitutes first aid; treatments not on this list are considered medical treatment. The use of wound closing devices such as sutures, staples, or surgical glue is explicitly defined as medical treatment, making the case recordable regardless of whether the employee missed work or had restrictions.
Question 2: An employer must report the in-patient hospitalization of an employee as a result of a work-related incident to OSHA within what time frame?
- 24 hours (Correct answer)
- 8 hours
- 48 hours
- 7 calendar days
Correct answer: 24 hours
OSHA's regulation 29 CFR 1904.39(a)(2) requires employers to report any work-related in-patient hospitalization, amputation, or loss of an eye to OSHA within 24 hours of learning about the event. The 8-hour reporting requirement is specifically for a work-related fatality.
Question 3: An occupational health nurse is managing the company's Respiratory Protection Program. A key requirement of this program under OSHA 29 CFR 1910.134 is the medical evaluation of employees required to wear respirators. What is the primary purpose of this medical evaluation?
- To perform the annual fit test for the employee's assigned respirator.
- To determine if the employee has any medical conditions that would prevent them from safely using a respirator. (Correct answer)
- To train the employee on the proper cleaning and storage of their respirator.
- To select the NIOSH-certified respirator that is most cost-effective for the company.
Correct answer: To determine if the employee has any medical conditions that would prevent them from safely using a respirator.
According to OSHA standard 29 CFR 1910.134(e), the primary purpose of the medical evaluation is to determine the employee's ability to safely use a respirator. This evaluation must be performed by a physician or other licensed health care professional (PLHCP) before the employee is fit-tested or required to use the respirator. Fit testing, training, and respirator selection are all required components of the program, but they are separate from the medical evaluation's specific goal.
Question 4: A roofing company is cited by OSHA after an employee suffers a serious, preventable fall. There is no specific OSHA standard that covers the exact fall protection system that should have been used for this unique roofing project. The citation would most likely be issued under which of the following?
- The Hazard Communication Standard (29 CFR 1910.1200)
- The Personal Protective Equipment Standard (29 CFR 1910.132)
- The Whistleblower Protection Provision (Section 11(c))
- The General Duty Clause (Section 5(a)(1) of the OSH Act) (Correct answer)
Correct answer: The General Duty Clause (Section 5(a)(1) of the OSH Act)
The General Duty Clause, Section 5(a)(1) of the OSH Act, requires employers to provide a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm." OSHA uses this clause to cite employers for serious hazards when no specific OSHA standard applies to the situation. A fall from a roof is a well-recognized hazard that is likely to cause serious harm or death.
Question 5: As part of the OSHA Hazard Communication Standard (29 CFR 1910.1200), employers must provide employees with effective training on hazardous chemicals in their work area. Which of the following is a required element of this training?
- Methods and observations employees can use to detect the presence or release of a hazardous chemical. (Correct answer)
- The chemical formula and molecular weight of every substance used in the facility.
- A demonstration of the chemical manufacturing process for each substance.
- The company's purchasing procedures and vendor list for all hazardous chemicals.
Correct answer: Methods and observations employees can use to detect the presence or release of a hazardous chemical.
OSHA's Hazard Communication Standard, 29 CFR 1910.1200(h), explicitly requires that employee training includes the methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (e.g., monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.). The other options are not required components of employee training under this standard.
Question 6: An employee voices a concern to their supervisor about an unguarded machine, which they believe poses a serious safety risk. A week later, the employee is transferred to a less desirable, lower-paying job in another department. The employee believes this is retaliation. Which section of the OSH Act specifically protects this employee from such adverse actions?
- Section 5(a)(1), The General Duty Clause
- Section 8, Inspections and Investigations
- Section 11(c), Whistleblower Protection (Correct answer)
- Section 18, State Plans
Correct answer: Section 11(c), Whistleblower Protection
Section 11(c) of the OSH Act is the whistleblower provision, which prohibits employers from retaliating against employees for exercising their rights under the Act. These rights include raising safety and health concerns with their employer, reporting a work-related injury, or filing a complaint with OSHA. The transfer to a less desirable, lower-paying job is considered an adverse action and potential retaliation under this section.
COHN OSHA and Regulatory Compliance Questions and Answers
An employee sustains a deep cut from a piece of machinery.
The occupational health nurse refers the employee to an urgent care center where the physician closes the wound with sutures.
The employee returns to their full, unrestricted job duties the same day.
According to OSHA 29 CFR 1904.7, is this event recordable on the OSHA 300 log?