EMPCO Compliance & Regulatory Support 3 — Questions and Answers
Question 1: Which DOT agency's drug and alcohol testing regulations apply to operators of commercial motor vehicles (CMVs) requiring a CDL?
- FAA (14 CFR Part 120)
- FMCSA (49 CFR Part 382) (Correct answer)
- FTA (49 CFR Part 655)
- FRA (49 CFR Part 219)
Correct answer: FMCSA (49 CFR Part 382)
The FMCSA's 49 CFR Part 382 mandates drug and alcohol testing programs for CDL holders operating CMVs in interstate commerce.
Question 2: An EMPCO occupational health client asks about OSHA's recordkeeping requirements. Which form is used to record each work-related injury or illness?
- OSHA Form 300A
- OSHA Form 300 (Correct answer)
- OSHA Form 301
- OSHA Form 302
Correct answer: OSHA Form 300
OSHA Form 300 is the Log of Work-Related Injuries and Illnesses used to record each individual case throughout the year.
Question 3: Under HIPAA, which of the following is NOT a permitted use or disclosure of protected health information (PHI) without patient authorization?
- Disclosing PHI to a public health authority for disease surveillance
- Sharing PHI with an employer for general HR decision-making (Correct answer)
- Using PHI for treatment, payment, and healthcare operations
- Reporting PHI to a government agency for workers' compensation
Correct answer: Sharing PHI with an employer for general HR decision-making
HIPAA generally prohibits covered entities from disclosing PHI to employers for general HR purposes without patient authorization.
Question 4: The DOT 'reasonable suspicion' drug/alcohol testing requirement is triggered when a trained supervisor observes specific, contemporaneous, articulable observations. Who must make and document these observations?
- Any coworker of the employee
- At least one trained supervisor or company official (Correct answer)
- Two or more trained supervisors
- The company's designated MRO
Correct answer: At least one trained supervisor or company official
DOT regulations require at least one trained supervisor or company official to observe and document the specific behaviors before initiating a reasonable suspicion test.
Question 5: Under OSHA's respiratory protection standard (29 CFR 1910.134), before an employee is fit-tested for a respirator, a physician or licensed health care professional must evaluate the employee's ability to use the respirator using at minimum:
- A full pulmonary function test
- A chest X-ray
- The OSHA Respirator Medical Evaluation Questionnaire (Correct answer)
- An exercise stress test
Correct answer: The OSHA Respirator Medical Evaluation Questionnaire
OSHA's Appendix C provides the mandatory medical evaluation questionnaire that must be completed before fit testing or respirator use begins.
Question 6: When a DOT-regulated employee's drug test result is reported as 'dilute negative,' what action does DOT guidance most commonly direct?
- Treat it as a positive result and remove the employee from duty
- Accept the result as negative with no further action required
- Conduct an immediate direct-observed collection as a retest (Correct answer)
- Require the employee to immediately see an MRO
Correct answer: Conduct an immediate direct-observed collection as a retest
DOT regulations generally require employers to direct the employee to take an immediate recollection under direct observation when a specimen is reported as dilute negative.
Question 7: Under OSHA's noise standard (29 CFR 1910.95), at what time-weighted average (TWA) sound level must employers implement a hearing conservation program?
- 75 dBA TWA
- 80 dBA TWA
- 85 dBA TWA (Correct answer)
- 90 dBA TWA
Correct answer: 85 dBA TWA
OSHA requires a hearing conservation program when workers are exposed to a time-weighted average noise level of 85 dBA or higher over an 8-hour workday.
EMPCO Compliance & Regulatory Support 3
Which DOT agency's drug and alcohol testing regulations apply to operators of commercial motor vehicles (CMVs) requiring a CDL?