PHRca Health, Safety, and Workers' Comp 4 — Questions and Answers
Question 1: California's workers' compensation system is considered 'exclusive remedy,' meaning generally an injured employee:
- Cannot sue the employer in civil court for negligence (Correct answer)
- Cannot receive any state disability benefits
- Must arbitrate all disputes rather than use the WCAB
- Is barred from filing an OSHA complaint
Correct answer: Cannot sue the employer in civil court for negligence
The exclusive remedy doctrine bars most civil lawsuits against employers for workplace injuries, directing employees to the workers' compensation system instead.
Question 2: Under California's Hazard Communication Standard (Title 8, Section 5194), what must employers provide employees who work with hazardous chemicals?
- Safety Data Sheets (SDS), labels, and training (Correct answer)
- Annual medical exams and SDS only
- Training and personal protective equipment only
- Chemical inventory lists posted in break rooms
Correct answer: Safety Data Sheets (SDS), labels, and training
California's hazard communication standard (aligned with GHS) requires SDSs, proper chemical labeling, and employee training on hazardous substances.
Question 3: An injured California worker reaches Maximum Medical Improvement (MMI). If there is a permanent partial disability, what document formalizes the level of impairment?
- Permanent and Stationary (P&S) report from the treating physician (Correct answer)
- DWC-1 supplemental filing
- WCAB hearing order only
- Cal/OSHA 301 Incident Report
Correct answer: Permanent and Stationary (P&S) report from the treating physician
When the injured worker reaches Permanent and Stationary status, the treating physician issues a P&S report rating the level of permanent impairment used to calculate PPD benefits.
Question 4: Which of the following is an employer's responsibility under Cal/OSHA's Injury and Illness Prevention Program (IIPP)?
- Conduct periodic workplace inspections and correct identified hazards (Correct answer)
- File annual IIPP compliance reports with Cal/OSHA
- Obtain a Cal/OSHA certification before hiring workers
- Post the IIPP document at every worksite entrance
Correct answer: Conduct periodic workplace inspections and correct identified hazards
A key IIPP requirement is regular workplace inspections to identify and correct unsafe conditions, along with hazard correction, training, and record-keeping.
Question 5: A California employer is charged with a serious violation by Cal/OSHA. Which of the following best defines a 'serious' violation?
- A substantial probability of death or serious physical harm could result from a hazard the employer knew or should have known (Correct answer)
- The employer intentionally violated a regulation to gain competitive advantage
- Any violation that results in a reported injury or illness
- A repeated violation that occurs within three years of a prior citation
Correct answer: A substantial probability of death or serious physical harm could result from a hazard the employer knew or should have known
A serious violation exists when there is a substantial probability of death or serious physical harm and the employer knew or reasonably should have known of the hazard.
Question 6: Under California Labor Code Section 132a, it is illegal for an employer to discriminate against an employee for:
- Filing or intending to file a workers' compensation claim (Correct answer)
- Requesting an ergonomic workstation assessment
- Taking CFRA leave concurrently with workers' comp
- Requesting a QME panel selection
Correct answer: Filing or intending to file a workers' compensation claim
Labor Code 132a prohibits employers from discharging, threatening, or discriminating against employees for filing or intending to file a workers' compensation claim.
Question 7: California's Supplemental Job Displacement Benefit (SJDB) voucher is provided to permanently disabled workers when:
- The employer cannot offer modified or alternative work within 60 days of the P&S report (Correct answer)
- The employee refuses all offered modified duty positions
- The injury results in total permanent disability only
- The insurer accepts the claim within 14 days
Correct answer: The employer cannot offer modified or alternative work within 60 days of the P&S report
When an employer fails to offer suitable modified or alternative work within 60 days of the P&S report, the injured worker is entitled to an SJDB voucher for retraining costs.
PHRca Health, Safety, and Workers' Comp 4
California's workers' compensation system is considered 'exclusive remedy,' meaning generally an injured employee: