COHN OSHA and Regulatory Compliance 5 — Questions and Answers
Question 1: An employee reports that they were disciplined after filing an OSHA complaint. Which section of the OSH Act protects workers from such retaliation?
- Section 5(a)(1)
- Section 11(c) (Correct answer)
- Section 8(a)
- Section 17(a)
Correct answer: Section 11(c)
Section 11(c) of the OSH Act prohibits employers from retaliating against employees who exercise their rights, including filing safety complaints or participating in OSHA inspections.
Question 2: What is the primary purpose of OSHA's Site-Specific Targeting (SST) inspection program?
- To inspect only worksites with recent fatalities
- To focus programmed inspections on establishments with high injury and illness rates (Correct answer)
- To conduct random inspections across all industries equally
- To audit employers participating in VPP programs
Correct answer: To focus programmed inspections on establishments with high injury and illness rates
SST directs OSHA's programmed inspection resources toward establishments with elevated Days Away, Restricted, or Transferred (DART) rates based on employer-submitted injury data.
Question 3: Under NIOSH guidelines, what does the hierarchy of controls prioritize as the MOST effective method to control workplace hazards?
- Administrative controls
- Personal protective equipment (PPE)
- Engineering controls
- Elimination of the hazard (Correct answer)
Correct answer: Elimination of the hazard
Elimination of the hazard is the most effective control because it completely removes the risk rather than managing or reducing exposure to it.
Question 4: The OSHA 300A summary must be posted in the workplace annually. During which months must it be displayed?
- January 1 through March 31
- February 1 through April 30 (Correct answer)
- March 1 through May 31
- April 1 through June 30
Correct answer: February 1 through April 30
OSHA 300A must be posted from February 1 through April 30 each year, summarizing the previous year's work-related injuries and illnesses.
Question 5: Which OSHA standard requires employers to conduct medical surveillance for employees exposed to asbestos above the action level?
- 29 CFR 1910.1001 (Correct answer)
- 29 CFR 1910.1025
- 29 CFR 1910.1030
- 29 CFR 1910.1048
Correct answer: 29 CFR 1910.1001
29 CFR 1910.1001 (Asbestos Standard for General Industry) requires medical surveillance including pulmonary function tests and chest X-rays for employees exposed at or above the action level.
Question 6: Under the workers' compensation system, what is the primary purpose of a return-to-work (RTW) program?
- To reduce the employer's OSHA recordable rate
- To facilitate the injured worker's recovery while maintaining productivity and reducing costs (Correct answer)
- To ensure the employee forfeits temporary disability benefits sooner
- To eliminate the need for medical treatment authorization
Correct answer: To facilitate the injured worker's recovery while maintaining productivity and reducing costs
RTW programs support the injured worker's recovery, preserve employment, reduce wage replacement costs, and minimize long-term disability by offering modified or transitional duty assignments.
Question 7: Which federal standard governs the medical removal protection (MRP) provisions that require removal of workers with elevated blood lead levels?
- 29 CFR 1910.1000
- 29 CFR 1910.1025 (Correct answer)
- 29 CFR 1910.1200
- 29 CFR 1910.1030
Correct answer: 29 CFR 1910.1025
29 CFR 1910.1025 (Lead Standard) includes MRP provisions requiring temporary removal of workers whose blood lead levels exceed specified limits, with wage and benefit protection during removal.
An employee reports that they were disciplined after filing an OSHA complaint.
Which section of the OSH Act protects workers from such retaliation?