EMPCO Legal Compliance 3 — Questions and Answers
Question 1: A fitness-for-duty evaluation reveals an employee has a medical condition that could pose a direct threat to coworkers. Under the ADA, the employer must first:
- Immediately terminate the employee to prevent liability
- Determine whether a reasonable accommodation could eliminate or reduce the threat (Correct answer)
- Place the employee on unpaid leave pending further evaluation
- Require the employee to sign a liability waiver before returning to work
Correct answer: Determine whether a reasonable accommodation could eliminate or reduce the threat
Before taking adverse action based on direct threat, the employer must determine whether a reasonable accommodation could reduce the risk to an acceptable level.
Question 2: The OSHA Bloodborne Pathogen Standard (29 CFR 1910.1030) requires employers to offer hepatitis B vaccinations to covered employees:
- Within 10 working days of initial assignment to tasks involving blood exposure (Correct answer)
- Only after a documented occupational exposure incident occurs
- At the employee's expense as a condition of employment
- Annually during mandatory health screenings
Correct answer: Within 10 working days of initial assignment to tasks involving blood exposure
OSHA requires employers to offer HBV vaccination to at-risk employees within 10 working days of initial assignment at no cost.
Question 3: Under FMLA, an employee requesting leave for a serious health condition must provide medical certification within how many days of the employer's request?
- 7 calendar days
- 15 calendar days (Correct answer)
- 30 calendar days
- 45 calendar days
Correct answer: 15 calendar days
The FMLA requires employees to provide medical certification within 15 calendar days of the employer's request, absent extenuating circumstances.
Question 4: Which of the following actions by a medical review officer (MRO) is required when a DOT drug test returns a positive result?
- Immediately report the result to the employer without contacting the employee
- Contact the employee directly to determine if a legitimate medical explanation exists (Correct answer)
- Report the result only to the federal agency overseeing the employer
- Destroy the specimen and issue a new test order
Correct answer: Contact the employee directly to determine if a legitimate medical explanation exists
MROs must contact the employee directly to give them an opportunity to provide a legitimate medical explanation before reporting a positive result to the employer.
Question 5: An occupational health nurse documents a work-related injury in the OSHA 300 Log. Privacy protection rules require which of the following?
- All entries must use a case number instead of the employee's name
- Cases involving sensitive diagnoses must use 'privacy case' instead of the employee's name (Correct answer)
- The log must be encrypted and stored in a HIPAA-compliant system
- Only the employer's legal counsel may view entries involving injury claims
Correct answer: Cases involving sensitive diagnoses must use 'privacy case' instead of the employee's name
OSHA 300 Log privacy rules require that certain sensitive cases (e.g., sexual assaults, mental illness, HIV) be recorded as 'privacy cases' without the employee's name.
Question 6: The Genetic Information Nondiscrimination Act (GINA) prohibits employers from requesting genetic information with one exception. What is that exception?
- When a health risk assessment includes questions about family medical history as part of a voluntary wellness program (Correct answer)
- When the position involves exposure to known genetic hazards
- When the employer is a federal contractor subject to OFCCP oversight
- When the information is requested by an occupational physician for fitness-for-duty purposes
Correct answer: When a health risk assessment includes questions about family medical history as part of a voluntary wellness program
GINA allows employers to collect family medical history through voluntary wellness programs under specific safe harbor conditions, but strict safeguards must apply.
Question 7: Under OSHA's Access to Employee Exposure and Medical Records standard (29 CFR 1910.1020), employees have the right to access their own medical records within:
- 3 business days of the request
- 15 working days of the request (Correct answer)
- 30 calendar days of the request
- 60 days under special circumstances only
Correct answer: 15 working days of the request
OSHA 1910.1020 requires employers to provide access to employee medical records within 15 working days of the employee's request.
EMPCO Legal Compliance 3
A fitness-for-duty evaluation reveals an employee has a medical condition that could pose a direct threat to coworkers.
Under the ADA, the employer must first: