PHRCA Health, Safety, and Workers' Comp Questions and Answers — Questions and Answers
Question 1: An employee reports a work-related injury that required medical treatment beyond first aid. According to California regulations, what is the employer's deadline for providing the employee with a DWC-1 (Workers' Compensation Claim Form)?
- Within 24 hours of the employer's knowledge of the injury.
- Within one working day of receiving notice or knowledge of the injury. (Correct answer)
- Within 5 business days of the incident.
- Immediately upon the employee's request.
Correct answer: Within one working day of receiving notice or knowledge of the injury.
California Labor Code section 5401 requires an employer to provide the DWC-1 claim form to the employee within one working day after receiving notice or knowledge of an injury that results in lost time from work or requires medical treatment beyond first aid.
Question 2: A California employer with 15 employees is creating their required Injury and Illness Prevention Program (IIPP). Which of the following is an essential element that must be included in the written plan?
- A list of all employee medical histories.
- The company's annual revenue and profit margins.
- A system for ensuring employee compliance with safe work practices. (Correct answer)
- The names of all designated workers' compensation insurance adjusters.
Correct answer: A system for ensuring employee compliance with safe work practices.
According to Title 8 of the California Code of Regulations, Section 3203, a written IIPP must include several key elements. Among these is a system for ensuring that employees comply with safe and healthy work practices, which may include disciplinary actions or other methods of enforcement.
Question 3: An office worker in California sustains a wrist injury that the treating physician determines was significantly aggravated by their data entry duties. The injury results in three days of restricted work, where the employee is temporarily reassigned to a different role. According to Cal/OSHA recordkeeping requirements, which form must the employer use to record the specifics of this incident?
- Cal/OSHA Form 300A (Summary of Work-Related Injuries and Illnesses)
- DWC-1 (Workers' Compensation Claim Form)
- Form 5020 (Employer's Report of Occupational Injury or Illness)
- Cal/OSHA Form 301 (Injury and Illness Incident Report) (Correct answer)
Correct answer: Cal/OSHA Form 301 (Injury and Illness Incident Report)
For every recordable injury or illness entered on the Cal/OSHA Form 300 Log, a corresponding Cal/OSHA Form 301 Incident Report must be completed. This form captures detailed information about the incident. A work-related injury that results in restricted work is a recordable event. Form 300A is the annual summary, the DWC-1 initiates a workers' comp claim, and Form 5020 is the employer's report to the insurance carrier.
Question 4: A landscape company in Fresno, CA is cited by Cal/OSHA for failing to provide adequate access to shade and cool water for employees working outdoors when temperatures exceed 85 degrees Fahrenheit. This violation falls under which specific Cal/OSHA standard?
- Hazard Communication Standard
- Ergonomics Standard
- Heat Illness Prevention Standard (Correct answer)
- Injury and Illness Prevention Program (IIPP) Standard
Correct answer: Heat Illness Prevention Standard
California has a specific standard to protect outdoor workers from heat-related illness. The Heat Illness Prevention Standard (Title 8, California Code of Regulations, Section 3395) requires employers to provide water, shade, and rest periods, and to implement procedures to prevent heat illness.
Question 5: After an employee files a workers' compensation claim for a back injury, their supervisor begins assigning them exclusively to the most physically demanding tasks, contrary to their usual duties, and makes critical comments about their injury in team meetings. This employer conduct could be considered a violation of which of the following?
- The Fair Labor Standards Act (FLSA)
- The Health Insurance Portability and Accountability Act (HIPAA)
- California Labor Code Section 132a (Correct answer)
- The Consolidated Omnibus Budget Reconciliation Act (COBRA)
Correct answer: California Labor Code Section 132a
California Labor Code Section 132a prohibits employers from discriminating or retaliating against an employee in any way for filing or making known their intention to file a workers' compensation claim. The described actions of the supervisor constitute retaliatory behavior.
Question 6: Under Cal/OSHA regulations, when must an employer post the Cal/OSHA Form 300A, the Summary of Work-Related Injuries and Illnesses?
- From July 1 to December 31 each year.
- For the entire calendar year.
- From February 1 to April 30 of the year following the year covered by the records. (Correct answer)
- Within 30 days of a recordable incident.
Correct answer: From February 1 to April 30 of the year following the year covered by the records.
California employers required to maintain Cal/OSHA injury and illness records must post the Form 300A Summary in a conspicuous place from February 1 through April 30 of the year following the year for which the summary is compiled.
PHRCA Health, Safety, and Workers' Comp Questions and Answers
An employee reports a work-related injury that required medical treatment beyond first aid.
According to California regulations, what is the employer's deadline for providing the employee with a DWC-1 (Workers' Compensation Claim Form)?