EMPCO Compliance & Regulatory Support 2 — Questions and Answers
Question 1: Under OSHA's Bloodborne Pathogens Standard (29 CFR 1910.1030), employers must offer hepatitis B vaccination to at-risk employees within how many days of assignment?
- 10 working days (Correct answer)
- 30 calendar days
- 60 calendar days
- 90 calendar days
Correct answer: 10 working days
OSHA requires the hepatitis B vaccine series to be made available within 10 working days of initial assignment to tasks with occupational exposure.
Question 2: Which federal regulation governs the confidentiality of substance abuse patient records held by federally assisted programs, often referenced in workplace drug testing compliance?
- HIPAA Privacy Rule
- 42 CFR Part 2 (Correct answer)
- ADA Title I
- FMLA Regulations 29 CFR Part 825
Correct answer: 42 CFR Part 2
42 CFR Part 2 provides stricter confidentiality protections than HIPAA for records from federally assisted substance abuse treatment programs.
Question 3: Under DOT regulations, a Medical Review Officer (MRO) who receives a lab-confirmed positive drug test result must first attempt to contact the employee directly before reporting to the employer for how many days?
- 3 business days
- 5 business days (Correct answer)
- 7 calendar days
- 10 business days
Correct answer: 5 business days
The MRO must make reasonable effort to contact the employee for at least 5 business days before contacting the designated employer representative.
Question 4: A company's medical surveillance program identifies a worker with elevated blood lead levels above the medical removal protection (MRP) threshold under OSHA's Lead Standard. What must the employer do?
- Terminate the employee immediately
- Temporarily remove the employee with MRP benefits maintained (Correct answer)
- Reduce shift hours without pay change
- Require the employee to use additional PPE only
Correct answer: Temporarily remove the employee with MRP benefits maintained
OSHA's Lead Standard requires temporary medical removal with maintenance of earnings, seniority, and benefits until blood lead levels return to acceptable levels.
Question 5: Which EEOC guidance document is most relevant when an employer wants to understand the limits of disability-related inquiries during employment medical examinations?
- EEOC Uniform Guidelines on Employee Selection Procedures
- EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations (Correct answer)
- EEOC Guidance on National Origin Discrimination
- EEOC Guidance on Age Discrimination
Correct answer: EEOC Enforcement Guidance on Disability-Related Inquiries and Medical Examinations
The EEOC's Enforcement Guidance on Disability-Related Inquiries and Medical Examinations under the ADA specifically addresses permissible scope of medical inquiries at each employment stage.
Question 6: OSHA's Hazard Communication Standard (HazCom) requires Safety Data Sheets (SDS) to follow a standardized format with how many sections?
- 8 sections
- 12 sections
- 16 sections (Correct answer)
- 20 sections
Correct answer: 16 sections
The GHS-aligned HazCom Standard requires SDS documents to follow a 16-section format aligned with the Globally Harmonized System.
Question 7: Under the Americans with Disabilities Act, a post-offer medical examination is permissible only if it is required for all entering employees in the same job category. If a medical condition is discovered, the employer may withdraw the offer only if the condition:
- Makes the employee uncomfortable to work with
- Is unrelated to the job but costly to insure
- Prevents the employee from performing essential job functions even with reasonable accommodation (Correct answer)
- Was not disclosed on the application
Correct answer: Prevents the employee from performing essential job functions even with reasonable accommodation
An ADA-compliant post-offer exam can only result in withdrawal of an offer if the medical condition disqualifies the applicant from performing essential functions even with reasonable accommodation.
EMPCO Compliance & Regulatory Support 2
Under OSHA's Bloodborne Pathogens Standard (29 CFR 1910.1030), employers must offer hepatitis B vaccination to at-risk employees within how many days of assignment?