CSP Safety & Workers' Compensation in Staffing 2 — Questions and Answers
Question 1: A staffing agency is developing a return-to-work (RTW) program for injured temporary workers. What is the primary benefit of a modified-duty RTW program?
- It allows the agency to avoid paying any workers' compensation benefits
- It reduces total workers' compensation costs by returning injured workers to productive work sooner (Correct answer)
- It transfers all medical management responsibility to the client company
- It eliminates the need for OSHA recordkeeping for light-duty injuries
Correct answer: It reduces total workers' compensation costs by returning injured workers to productive work sooner
Modified-duty return-to-work programs lower total claim costs by reducing lost-time wage replacement payments and keeping workers engaged, which typically speeds recovery.
Question 2: Under OSHA regulations, which of the following is considered a 'work-related illness or injury' that MUST be recorded on the OSHA 300 Log?
- A minor cut requiring only first-aid treatment with an adhesive bandage
- A temporary worker's pre-existing back condition that is aggravated by job duties, requiring prescription medication (Correct answer)
- A common cold contracted from a coworker during a company meeting
- A personal injury sustained during an off-site lunch break
Correct answer: A temporary worker's pre-existing back condition that is aggravated by job duties, requiring prescription medication
A pre-existing condition that is significantly aggravated by work activities and requires medical treatment beyond first aid (such as prescription medication) meets OSHA's definition of a recordable work-related injury.
Question 3: A staffing agency discovers a client site has a safety hazard that poses immediate risk to temporary workers. What is the agency's appropriate first action?
- Immediately withdraw all temporary workers and notify OSHA without informing the client
- Notify the client of the hazard and document the communication; remove workers if the hazard is not corrected (Correct answer)
- Accept the risk since temporary workers are covered by workers' compensation insurance
- Only act if the client requests the agency's involvement in safety matters
Correct answer: Notify the client of the hazard and document the communication; remove workers if the hazard is not corrected
Staffing agencies should promptly notify the client of identified hazards, document all communications, and remove workers if the hazard creates imminent danger that is not addressed.
Question 4: OSHA's Recordkeeping Rule (29 CFR 1904) requires covered employers to post a summary of work-related injuries and illnesses (OSHA Form 300A) during which period each year?
- January 1 through March 31
- February 1 through April 30 (Correct answer)
- April 1 through June 30
- July 1 through December 31
Correct answer: February 1 through April 30
OSHA requires employers to post the Form 300A annual summary in a visible workplace location from February 1 through April 30 of the year following the recorded incidents.
Question 5: A staffing agency's workers' compensation policy includes a 'subrogation' clause. In staffing, subrogation most commonly applies when:
- The agency transfers workers' comp coverage responsibility to the client company
- The insurance carrier recovers claim costs from a negligent third party (such as the client) after paying a worker's claim (Correct answer)
- The agency negotiates a lower premium by agreeing to cover all first-aid incidents
- The injured worker signs away their right to sue the client company
Correct answer: The insurance carrier recovers claim costs from a negligent third party (such as the client) after paying a worker's claim
Subrogation allows the workers' compensation insurer to recover costs paid to the injured worker from a third party—often the negligent host employer—whose actions caused the injury.
Question 6: A client company asks a staffing agency to exclude a temporary worker from a mandatory safety orientation, claiming it would take too long. The agency's best response is to:
- Allow the client to waive orientation since the client controls the worksite
- Decline and insist temporary workers complete required orientation before beginning work (Correct answer)
- Provide a shortened verbal overview in place of the formal orientation
- Contact OSHA first before responding to the client's request
Correct answer: Decline and insist temporary workers complete required orientation before beginning work
Staffing agencies must ensure temporary workers receive required safety orientation; allowing clients to waive it exposes both parties to OSHA violations and increases injury risk and liability.
Question 7: Which of the following best describes 'light-duty work' in the context of a staffing agency's return-to-work program?
- Unpaid volunteer work performed by the injured worker while collecting full workers' comp benefits
- Temporary modified job tasks assigned to an injured worker that accommodate physical restrictions while they recover (Correct answer)
- A federally mandated program requiring all employers with 50+ employees to provide modified assignments
- An OSHA designation for jobs that require less than 20 hours per week
Correct answer: Temporary modified job tasks assigned to an injured worker that accommodate physical restrictions while they recover
Light-duty or modified-duty assignments are tasks tailored to an injured worker's medical restrictions, allowing them to return to productivity while still healing.
A staffing agency is developing a return-to-work (RTW) program for injured temporary workers.
What is the primary benefit of a modified-duty RTW program?