Employee/Labor Relations AND Risk Management

Question 1

The concept that either party may terminate the employment relationship at any time, and for any reason, is know as which of the following common law doctrines?

A. Resondeat superior

B. Constructive discharge

C. Employment at will

D. Duth of good faith and fair dealing

Answer 1

C. Employment at will

Question 2

An employee was in a vehicle accident while on duty for her employer. The employer is liable for all costs associated with the accident. This is in accordance with which of the following common law doctrines?

A. Defamation
B. Respondeat superior
C. Duty of good faith and fair dealing
D. Promissory estoppel

Answer 2

B. Respondeat superior

Question 3

Workplace monitoring systems seek first to accomplish which organizational objective?

A. Catch employees who are violating company policies?
B. Protect the company and customers from unauthorized access or data theft
C. Create proof and documentation to defend a potential charge of negligence
D. Manage risks in high hazard environments

Answer 3

B. Of the list presented, the best reason an employer may use workplace surveillance is to protect employees and other stakeholders from unauthorized access to sensitive data.

Question 4

If a supervisor demands that an employee go out on a date with him or else he will not give her a raise, he is most likely engaged in which of the following types of harassment?

A. Hostile work environment
B. Quid pro quo
C. Constructive discharge
D. None

Answer 4

B. There are two basic forms of sexual harassment: hostile environment and quid pro quo.

Question 5

A vendor was accused of making sexually crude remarks and jokes to the purchasing manager of an organization. The purchasing manager’s employer investigated and found that, while offensive, the vendor’s behavior did not result in any tangible psychological injury and promptly requested that the vendor assign a new representative to service their account. If the purchasing manager were to file suit nevertheless, the employer would most likely justify their response under whcih of the following court cases?

A. Harrs v. Forklift Systems
B. Faragher v. City of Boca Raton
C. Meritor Savings Bank v. Vinson
D. Oncale v. Sundowner Offshore Services

Answer 5

A. In Harris v. Forklift Systems the Court found that the standard for determining sexual harassment falls somewhere between that which is merely offensive that that which results in tangible psychological injury. While each case would be considered on its merits, Harris v. Forklift Systems gives the courts and employers the opportunity to consider all factors of the work environment in determining whether unlawful harassment has occurred.

Question 6

A military reservist who has been working for your organization for the last three years is called to active duty. Which of the following must you, as the employer, grant to this employee?

A. Retirement vesting must continue to accrue as though there was no break in employment.
B. The employee must be reinstated in a position that he would have earned had he remained on the job.
C. The employer must continue to pay the employee his regular wages during the military absence.
D. Both A and B.

Answer 6

D. USERRA provides several protections for reservists and other active duty military, including the right to an escalator position upon return and the continued accrual of pension benefits.

Question 7

General job duties, separation terms, and compensation/benefits are generally spelled out in which of the following documents?

A. Employee handbook
B. Job descriptions
C. Employment contract
D. Offer

Answer 7

C. An employment contract is most often a written agreement binding the employer and employee to a relationship for a specified period of time. A signed agreement, it spells out the job duties, rate of pay, benefits, perks, and separation terms along with many other terms and conditions of employment.

Question 8

Why are employee relation and involvement strategies important?

A. Effective employee relations begin with employee input on decisions that affect them.
B. Labor law compliance is impossible to achieve without employee input.
C. Alignment of employee behavior with organizational strategy is completely dependent on employees choosing to be involved.
D. All of the above.

Answer 8

A. Employee relations are about the employees, or more specifically, about balancing their needs with the needs of the employer. Proper communication and meaningful feedback will aid in change management efforts and build a relationship on which organizational outcomes can be achieved.

Question 9

Organization climate is what people experience at work, whereas organizational ______ is the factor that influences (most of the answers are singular) why they feel the way they do.

A. Commitment
B. Motivation
C. Culture
D. Satisfiers

Answer 9

C. Organizational climate and culture factors represent to an employer how and why certain things work within their organization. The ability to “feel out” the climate is built on observations and feedback. A company’s mission, vision, and values help define the culture. Threaded throughout both factors are management behavior and the quality of the relationships formed by employees at all levels.

Question 10

If an employer wants to increase retention by improving employee work-life balance, which of the following tools could they choose from?

A. Compressed workweeks
B. Job sharing
C. Flextime
D. All of the above

Answer 10

D. All of the Above

Question 11

Which of the following would be the best choice for an employer who needs to communicate to employees that unlawful harassment is prohibited?

A. Policy
B. Procedure
C. Rule
D. Reference Guide

Answer 11

A. Policies are used to communicate broad guidelines that are designed to direct organizational behavior. Procedures provide details about how to go forward in implementing the policy, and rules state what employees may or may not do to comply with the policy. In this example, the policy would prohibit unlawful harassment, the procedure would state how employees should report unlawful harassment, and the work rule would give an example of prohibited conduct.

Question 12

Employers with effective employee relations systems in place work to __________ employee discipline.

A. Support
B. Prevent
C. Implement
D. Defend

Answer 12

B. Prevent

Question 13

If an employer wants to avoid costly litigation in defending future claims of wrongful discipline or wrongful termination, which of the following dispute resolution efforts should HR recommend?

A. Voluntary arbitration
B. Mediation
C. A peer review panel
D. Compulsory arbitration

Answer 13

D. All of these answers can help employers avoid the cost of defending a claim of wrongful discipline or discharge. Compulsory arbitration, however, requires that, as a condition of employment,the employee agree to submit any future conflict to an arbitrator for resolution, rather than having the conflict work its way through the court system.

Question 14

Which of the following is one of the disadvantages of mediation as an alternative resolution method?

A. Mediation can be too complex.
B. Medication can be expensive
C. Mediators must be impartial
D. Mediation is not binding

Answer 14

D. Mediation is often used as the first step in ADR efforts. Because it is not binding, the parties may choose to move to the next step, which is usually arbitration.

Question 15

Which of the following acts allowed employers to use court-ordered injunctions to break strikes?

A. The Clayton Act
B. The Norris-LaGuardia Act
C. The Sherman Antitrust Act
D. The National Labor Relations Act

Answer 15

C. The Sherman Act was originally used to control business monopolies. It allowed companies, in relatively broad language, to sue each other to stop a specific business action, and employers used it to break strikes. In 1914 the Clayton Act was passed to limit the impact of the Sherman Act by exempting labor unions from its application.

Question 16

As a result of the violence used be employers to prevent union organizing, which of the following acts was passed?

A. Norris-La Guardia Act
B. Clayton Act
C. The National Labor Relations Act
D. Sherman Antitrust Act

Answer 16

C. The violence of the labor movement is often lamented as being driven by union organizers and organized crime, but it is forgotten that employers often used force to break up organizing activity, which had no real protection under the law. The passage of the NLRA in 1935 changed that, granting workers the right to organize. It established ULPs and created the NLRB to oversee the organizing process.

Question 17

The Taft-Hartley Act was established as a result of which of the following?

A. The election of a Republican majority to Congress
B. Employer complaints about union abuses
C. To respond to the imbalance of power between unions and employers
D. All of the above

Answer 17

D. A republic majority used the Taft-Hartley Act to respond to the broad reach of President Roosevelt’s New Deal initiatives. It gave a legitimate voice to employers who felt the unions had too much power.

Question 18

A supervisor at the company for which you work told an employee that the company would move their operations to Mexico if an organizing attempt was successful. This is an example of which of the following?

A. An unfair labor practice
B. Intimidating behavior
C. Featherbedding
D. A fact, allowable under the NLRA

Answer 18

A. ULPs are defined by the NLRA as unlawful practices used by employers throughout the organizing process. Threatening to shut down or move operations, intimidating employees, coercing them to vote against a union, or spying on organizing activity are all classified as ULPs

Question 19

Which of the following agencies is tasked with oversight of union organizing activities?

A. National Labor Relations Board
B. Department of Labor
C. National Labor Relations Committee
D. Equal Employment Opportunity Commission

Answer 19

A. NLRB

Question 20

A union is attempting to obtain authorization cards from a bargaining unit that will be made up of 50 employees. How many signatures must they have to petition the NLRB for an election?

A. 5
B. 10
C. 15
D. 25

Answer 20

C. A union may petition the NLRB for an election if 30 percent or more of the employees in the anticipated bargaining unit sign authorization cards.

Question 21

Under what conditions may temporary workers be included in a bargaining unit?

A. If they are joint employers
B. If they receive authorization from the NLRB
C. If a community of interest exists between the regular workers and the temporary workers
D. None-temporary workers are excluded from bargaining units

Answer 21

C. In August 2000, the NLRB decided a case that extended the rights guaranteed by the NLRA to temp and contingent workers. These rights include the right to organize and the right to be free from retaliation for participating in union-organizing activities.

Question 22

During collective bargaining, the employer refuses to increase retirement contributions if the union demands a flat percentage increase to wages during the period covered by the collective bargaining agreement. This is know as which type of bargaining?

A. Principled bargaining
B. Integrative bargaining
C. Positional bargaining
D. An unfair labor practice

Answer 22

C. In Positional Bargaining, each side takes up a “position.” Thi smeans that one side must lose something for the other side to gain. It is considered an adversarial process.

Question 23

During collective bargaining, the employer agrees to give employees additional paid holidays, and the union agrees to reduce the demand for increased shift premiums. This is an example of the following types of bargaining?

A. Principled bargaining
B. Integrative bargaining
C. Positional bargaining
D. An unfair labor practice

Answer 23

B. Integrative bargaining looks at all of the issues on the bargaining table, allowing for trade-offs to avoid a bargaining impasse. Principled bargaining is focused on finding mutually beneficial solutions, bargaining based on the interests of the both parties as opposed to relative positions.

Question 24

Which of the following statements is true about a CBA?

A. A CBA requires that all employees of that organization join the union
B. A CBA still allows for “at-will” employment
C. A CBA is a binding employment contract
D. A CBA includes the management personnel of the bargaining unit

Answer 24

C.

Question 25

Why may a lack of perceived fairness in the distribution of pay lead employees to vote in a union?

A. Unions generally regular pay as part of the negotiating process
B. Unions offer leadership opportunities as shop stewards and union officers within an existing structure
C. Employees me feel they need a voice because they are not being heard
D. Both A and C

Answer 25

D. A nonunion philosophy is an action plan, not just a statement. It outlines strategies to involve employees in the decision-making process so that they have a say in decisions that affect their pay and working conditions. If employees have a positive perception of the process, they are less inclined to vote in a group to represent them. Furthermore, pay is one of the top items at the negotiating table.

Question 26

The executive team at your place of work has communicated that they want HR to help them change the organizational culture to one of transparency and trust. Which of the following positive employee relations strategies should you recommend first?

A. Publish the company financials so employees can see how the business is doing
B. Implement employee feedback mechanisms to identify major barriers to transparency
C. Create task forces to implement positive employee relations strategies related to transparency and trust
D. Discipline or terminate supervisors who are not trusted by the workforce

Answer 26

B. As with any type of organizational intervention, HR will be most successful when they have identified the needs of the workforce as they relate to the desired outcome. For that reason, building employee feedback systems in which to gather information about the needs is the best first step.

Question 27

Which of the following business impact measures can identify employee satisfaction?

A. An HR audit
B. Timeliness of performance reviews
C. Absenteeism rates
D. Number of open positions

Answer 27

C.

Question 28

Measuring the number and type of charges filed with the EEOC to make recommendations to employers is which of the following types of HR metrics?

A. Operational excellence
B. Tactical accountability
C. An HR audit
D. All of the above

Answer 28

B. Tactical accountability makes use of both internal and external data to guide employer actions. HR helps to integrate these efforts into the regular day-to-day activities of the organization.

Question 29

An employer may terminate an employee with or without cause. This is know as which of the following common law doctrines?

A. Respondeat superior
B. Constructive discharge
C. Employment at will
D. Statutory exceptions

Answer 29

C. Employment at will

Question 30

If an employer terminates an employee to avoid paying the employee an earned sales commission, the employer has violated which of the following exceptions to employment at will?

A. Contract exception
B. Duty of good faith and fair dealing
C. Promissory estoppel
D. None of the above

Answer 30

B. Employment at will allows either party to terminate the employment at any time and for any reason. However, there are specific exceptions. The duty of good faith and fair dealing requires that both parties have an obligation to act in a fair and honest manner in the execution of the agreement.

Question 31

Which of the following exceptions to employment at will prevents an employer from enticing a prospective employee with the promise of a reward and then failing to delivery it?

A. Promissory estoppel
B. Duty of good faith and fair dealing
C. Contract exceptions
D. Employment contracts

Answer 31

A. Promissory Estoppel. This may result in the employer being obligated to make good on the agreement or pay equivalent damages.

Contract exceptions occur when there is an employment or other type of contract that specifies the conditions under which a person may be terminated.

Question 32

“Let the master answer” is the meaning of which of the following employment doctrines?

A. Promissory estoppel
B. Respondeat superior
C. Defamation
D. Vicarious liability

Answer 32

B. Respondeat superior

Question 33

A supervisor at a manufacturing plant has a personality conflict with one of her subordinates, who otherwise performs very well in the position. The supervisor begins a campaign to discredit the employee, changing her shift, deriding her in meetings, and gossiping behind her back. The employee quits because she just can’t take it anymore. What may the supervisor be guilty of?

A. Constructive discharge
B. Sexual harassment
C. Unfair treatment
D. Nothing,because her employment was at will

Answer 33

A. Constructive discharge

Question 34

Vulgar jokes, offensive calendars, and inappropriate touching could all be examples of which of the following?

A. Unlawful practices
B. Sexual harassment
C. Quid pro quo harassment
D. All of the above

Answer 34

B. Sexual harassment is often in the eye of the beholder, and it is dependent on factors such as the severity and frequency of the conduct. The EEOC prohibits “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature,” especially if it interferes with an employee’s ability to do their job.

Question 35

The Supreme Court determined that there does not have to be a “tangible employment action” taken against an employee for there to be a legitimate claim of harassment under which of the following cases?

A. Harris v. Forklift Systems
B. Oncale v. Sundowner
C. Faragher v. City of Boca Raton
D. Meritor Savings Bank v. Vinson

Answer 35

C. In Faragher v. City of Boca Raton, the SC found that employers are responsible for the actions of their employees and have a responsibility to control them. This exists even when the harassment does not result in an adverse employment action against the employee. An affirmative defense may be raised by an employer when it can show that is has a policy in place prohibiting harassment, it promptly investigates and takes appropriate action, and that employees have a grievance procedure to report claims of harassment. Without these elements, an employer may be liable for its employees’ actions even when the employees are acting outside the normal scope of their employment.

Question 36

The Glass Ceiling Act identified three barriers that prevent women and minorities from advancing to senior-level positions. They are society barriers, internal structural barriers, and what?

A. Governmental barriers
B. Labor market barriers
C. Family barriers
D. Educational barriers

Answer 36

A. Governmental Barriers

Question 37

Employees returning to work from military leaves of more than 30 days but fewer than ___ days may not be discharged without case for six months after the date of reemployment under USERRA.

A. 90
B. 122
C. 181
D. 366

Answer 37

C. 181. The Uniformed Services Employment and Reemployment Rights Act (USERRA) grants employees on military leave the right to have their jobs back when they return. It also protects them for a period of time from discharge without cause, depending on the length of the leave.

Question 38

If an employee is performing well in her current position but does not want to move to the next level, which of the following employee involvement strategies may work best to maximize her talent?

A. Creating a work team that she leads
B. Creating a task force to identify the key strengths and weaknesses of the department
C. Delegating authority of a relevant process to her
D. None. She should be allowed to remain functioning at her current level.

Answer 38

C. Employee involvement strategies allow employers to manage the knowledge of their human talent at all levels effectively. While employees should be allowed to develop to their fullest potential within their jobs, employers need to maximize the talent for the most efficient production of the goods or services. Delegating authority in a relevant process will allow employees to apply their talents toward the good of the company.

Question 39

Which of the following methods of communication is the means by which most employees obtain information?

A. Word of mouth
B. Company newsletters
C. Brown-bag lunches
D. Staff meetings

Answer 39

A. Part of communicating information with employees is ensuring that hey receive the correct information. Without effective comms strategies like open door policies, information staff meetings, brown bag lunches, and newsletters, the employees most often rely on the grapevine to exchange information.

Question 40

Cecelia, a customer service rep, was recently asked questions by her manager’s manager about the level of her company and job satisfaction. This is an example of which of the following methods for gaining employee feedback?

A. Discipline session
B. Skip-level interview
C. Open door policy application
D. Employee survey

Answer 40

B. Skip-level interview. The goal is not to spy or play “gotcha” but rather to create an open forum that removes any perceived obstacles to the free exchange of information, increasing the content’s validity as a result.

Question 41

Without this, an employer will have a difficult time initiating positive employee relations strategies.

A. A culture of mutual respect and fair treatment
B. Job descriptions
C. Performance-based pay
D. All of the above

Answer 41

A. Positive employee relations strategies are more than just good business. These strategies help foster a learning organization, where information is freely shared and discussed. If employees do not feel respected or do not trust “management,” they will not provide meaningful feedback or participate in employee relations strategies.

Question 42

Of the following, which is the most important aspect of employee recognition programs?

A. That they are self-funded
B. That they are properly designed to support desired outcomes
C. That they clearly communicate the ever-changing “measures of success” to align with goals
D. That they reflect the diversity of the workgroup

Answer 42

C. Employee recognition programs are designed specifically to recognize the efforts of employees. Incentive programs should be self-funded and focused on desired behaviors, and diversity management programs address diversity in the workplace.

Question 43

If an organization changes an employee’s schedule from 8-5 to 8:30-5:30 to allow him to get his kids to school every day, they are employing which of the following positive employee relations strategies?

A. Compressed workweek
B. Flex time
C. Job sharing
D. Telecommuting

Answer 43

B. Work-life balance present opportunities for positive employee strategies such as compressed workweeks, flextime, job sharing, and part-time work. With flex time, employees are allowed to wrok hours that are more suited to their personal schedules.

Question 44

A customer service rep uses a list of the item numbers of most frequently ordered items to aid her customers in placing their orders. This list would be called which of the following?

A. A standard operating procedure
B. A procedure
C. Work instructions
D. A reference guide

Answer 44

D. A reference guide is one of the many tools used to implement work procedures. It is often a compilation of data around a specific process that organizes large amounts of information into a single reference document.

Question 45

Employee handbooks are designed for which of the following purposes?

A. To manage employee risk
B. To aid employers in compliance with labor laws
C. To maintain an employer’s status of “at will”
D. To manage organization risks and communicate expectations effectively

Answer 45

D. An employee handbook is many things, not the least of which is a tool that communicates information in compliance with labor laws and risk management. It protects the employer on many levels. Communicating the expectations to employees through a handbook establishes those expectations, serves notice to employees where required, and establishes the guidelines for both employee rights and responsibilities.

Question 46

The goal of any performance improvement system should be which of the following?

A. To avoid legal action
B. To balance of the needs of the employer with the needs of the employee
C. To document grievance procedures
D. To guide management decision-making

Answer 46

B. Performance improvement from an HR perspective aligns organizational needs with employee behavior. Discipline should not be the only tool used to manage employee behavior. Employees are entitled to fair and equitable treatment and access to the resources necessary to do their jobs (employee needs). The employer requires employees to performance to the minimum standards of behavior.

Question 47

Arbitration, mediation, and constructive conflict are all examples of which of the following?

A. Alternative dispute resolution methods
B. Collective bargaining agreements
C. Labor law compliance
D. Disciplinary Actions

Answer 47

A. Alternative dispute resolution is a group of methods used to solve litigation without legal interventions. They may be part of employment contracts, CBAs, and employee handbooks, with parties agreeing to utilize one or more of these methods should a dispute arise.

Question 48

An employee disagreed with his supervisor about the PIP to which he was required to commit. HR brought him before a committee of co-workers and managers to discuss the details of his performance and render a decision related to the fairness of the POP. Which ADR method did the employer use?

A. Bargaining
B. A peer review panel
C. Constructive confrontation
D. Ombudsmanship

Answer 48

B. A peer review panel. Peer review panels can make binding decisions.

Question 49

An effective absenteeism policy addresses which of the following?

A. The attendance expectations for the employer
B. The allowable number of days for non-FMLA-related absences
C. How absences are counted
D. All of the above

Answer 49

D. An effective absenteeism policy communicates the standards to the employees and shares with the employees what they can expect when they miss work.

Question 50

In which of the following situations should HR proceed directly to termination of an employee?

A. In the absence of a progressive discipline policy
B. When the employee exceeds the maximum number of missed days identified in the handbook
C. If the employee engages in an egregious act, such as violence against another employee
D. If the employee fails to provide medical certification for missed days in accordance with policy

Answer 50

C. Terminating an employee requires careful analysis of the specifics of each case. specifically with regard to absenteeism, employees may be protected under the FMLA or ADA. There are a few circumstances, in which the danger presented to the employer or other employees is greater than the risk of wrongful termination, such as theft, violence, or illegal acts.

Question 51

Which is the usual reason employers take disciplinary action against an employee?

A. To punish the individual
B. To motivate the individual
C. To train the individual
D. To manage the performance of the individual

Answer 51

D. HR is often tasked with creating a toolbox of resources for employees and managers to use in the day-to-day operations of the company. Discipline is most often used to help manage the performance, or lack of performance, of individual workers

Question 52

Which of the following court cases established that union employees have a right to representation at meetings where discipline may occur?

A. The National Labor Relations Act
B. Davis v. O’Melveny & Myers
C. NLRB v. Weingarten, Inc.
D. Pharakhone v, Nissan North America, Inc.

Answer 52

C. Weingarten rights were granted by the NLRB in response to a case where an employee was investigated and interrogated without the representation of her union. Failing to allow representation is a ULP.

Question 53

Of the following policies, which should HR recommend for all employers?

A. A description of benefits
B. An at-will statement
C. Family Medical Leave Act rights
D. They are all equally important

Answer 53

B. Not all employers will offer benefits or be required to comply with the FMLA. The at-will policy statement, however, protects the right of the employer and the employee to terminate the relationship at any time for any lawful reason.

Question 54

The marketing department staff are at odds with each other on the correct course of action to take on a new project. From the perspective of employee involvement, which could should HR recommend?

A. Defer to the decision of the supervisor
B. Appoint a project leader
C. Hold a brainstorming session to gain clarity
D. Discipline the employee causing the most trouble

Answer 54

C. Inclusiveness is a necessary part of an employee involvement strategy, particularly in a diverse work group. A brainstorming session gives equal opportunity to the talent, seeking to merge the project needs with the abilities of the department.

Question 55

Summer BBQs, employee recognition dinners, and diversity programs all help to foster which of the following?

A. An inclusive workforce
B. Employee job satisfaction
C. A positive culture
D. Employee retention

Answer 55

C. Positive ER strategies all help promote a positive organizational culture.

Question 56

Which of the following is a best practice from a risk management perspective when forming employee-management committees?

A. Minimize committee involvement on issues related to wages and working conditions
B. Avoid having these committees dominated by management
C. Consult with a labor attorney regarding potential committee unfair labor practices
D. All of the above

Answer 56

D. An employee management committee can be an effective way to engage in participative management techniques. It can be used to solve problems, coordinate interdepartmental efforts, and allow for employee input into decision that affect their work. However, the prudent employer understands how to best structure the commit to avoid a claim of a ULP.

Question 57

Providing an employee the opportunity to respond to performance-related issues without terminating them under the at-will common law doctrine is an example of which of the following?

A. Due process
B. Duty of good faith and fair dealing
C. An employee right
D. Legal compliance

Answer 57

A. Due Process is considered a best-interest practice to help protect employers from claims of wrongful discipline or discharge.

Question 58

The commercial driver members of the union go on strike to protest a bargaining impasse related to their base pay. What type of strike is this?

A. A lawful strike
B. An economic strike
C. A hot cargo agreement
D. Both A and B

Answer 58

D. Economic strikes are those that are called in an effort to obtain better pay, hours, or working conditions from the employer. They are lawful strikes.

Question 59

If an employer terminates an employee for participating in union organizing activities, they have engaged in which of the following?

A. An unfair labor practice
B. An unlawful act
C. Discrimination
D. All of the above

Answer 59

D. Employers must take care to not violate the NLRA by interfering with employees’ right to organize. This includes discriminating against an employee for participating in union activities.

Question 60

If a union pushes a work rule guaranteeing a set number of employees on a job as part of the CBA process, regardless of the job size, they may be engaged in which of the following ULPs?

A. Failure to bargain in good faith
B. Featherbedding
C. Prohibited strike
D. Coercion

Answer 60

B. Featherbedding, a ULP.

Question 61

Small groups of employees have been having quiet conversations in the hall, and at the latest staff meeting, another employee from the same department began to deride the company’s wages and benefits as being “a joke.” Of the following scenarios, which is most likely occurring?

A. Featherbedding
B. Union authorization
C. Union organizing
D. Nothing, because disgruntled employees will always exist

Answer 61

C. Union avoidance strategies begin with noticing the first signs.Unusual or secretive congregating employees, aggressive complains about working conditions or wages, strangers in the company parking lot, and union slogans are all signs of potential union organizing activity.

Question 62

Which of the following organizing activities may result in a voluntary recognition of a union?

A. A demand for recognition letter
B. A neutrality agreement
C. A card-check election
D. All of the above

Answer 62

D. If an employer intentionally or unintentionally accepts evidence that a majority of the employees have signed union authorization cards, it may result in the employer voluntarily recognizing the union, losing their ability to present their case to employees prior to a formal election. A demand for recognition usually occurs once a union has a sufficient number of signed authorization cards. It is important that the person who is presented with the demand letter does not respond in a way that could be construed as recognizing the union as the bargaining agent. A neutrality agreement is an agreement from the employer not to say or do anything to oppose the union, and a card check election means that the employer agrees to recognize the union based on the number of signed authorization cards.

Question 63

Of the following, which is the most effective method unions may use to campaign for organizing?

A. Meetings
B. The internet
C. Inside organizing
D. Picketing

Answer 63

C. Inside Organizing

Question 64

What is an Excelsior list?

A. list of ULPs
B. A list of rules the employer must follow at a representation election
C. A list of trade unions in the USA
D. A list containing the names and addresses of all employees in a bargaining unit

Answer 64

D. A list of names and addresses of all employees in the bargaining unit. It must be provided within 7 days of a union election being directed by the NLRB.

Question 65

Union shops, agency shops, and closed shops are all examples of which of the following?

A. Union security clauses
B. Trade unions
C. Conditions of employment
D. Mandatory bargaining subjects

Answer 65

A. Union security clauses require members of the union to provide financial support to the union, usually through the payment of dues. In a union shop, employees are required to join a union within a grace period after hire. In an agency shop, all employees must either join the union or pay dues if they choose not to join. In a closed shop, new hires must join the union prior to being hired.

Question 66

What is the ultimate measure of the success of a company’s Employee Relations strategies?

A. The return on investment of these activities
B. The satisfaction level of employees
C. The turnover rates
D. The absenteeism rates

Answer 66

B. Employee relations activities are specifically geared toward increasing employee job satisfaction. This can be measured by using techniques such as ROI, turnover, and absenteeism analysis.

Question 67

Which of the following analysis tools can best measure the more subjective criteria of employee satisfaction?

A. Turnover rates
B. Absenteeism rates
C. Supervisory reviews
D. Employee surveys

Answer 67

D. Employee surveys are deisgned to gather information about both the culture and the climate. Both of those factors are based on subjective interpretations of the receiver, but are no less important than objective analysis.

Question 68

Which of the following is an example of a tactical accountability measure?

A. Number of claims filed with the EEOC
B. Employee surveys
C. Performance reviews
D. Employee stress levels

Answer 68

A. Tactical accountability measures are those that measure the effectiveness of employee relations activities on the overall application of ER strategies. Measuring those outcomes can be difficult, as it is often necessary to attempt to quantify the risk avoidance efforts.

Question 69

Multiple unions are competing with each other for the right to represent a single bargaining unit. Which of the following are they competing for?

A. Exclusive jurisdiction
B. Weingarten rights
C. Choice of law representation
D. Duty of good faith and fair dealing

Answer 69

A. The concept of exclusive jurisdiction is simply the assignment of one union over a group of workers.

Question 70

What is the primary purpose of the Workers Adjustment and Retraining Notification Act (WARN)?

A. Employers must fund retraining efforts for displaced workers
B. Employers must allow employees to vote on any alternative work schedule
C. Employers must offer job placement assistance for displaced workers
D. Employers must notify employees of a mass layoff

Answer 70

D. The WARN Act was passed primarily to protect workers by requiring some employers to provide 60 days notice of covered plant closings and mass layoffs.

Question 71

Which of the following was the primary consequence for unions as the result of the Sherman Anti-Trust Act?

A. The act included strikes and boycotts in the definition of unlawful trade restrictions
B.The act exempted unions from the strike-breaking penalties established under the Clayton act
C. In increased the types of ULP charges
D. The act increased the amount of fines for unions engaged in unlawful trades.

Answer 71

A. Injunctions could be issued to stop strikes, considering them “unlawful trade restrictions.”

Question 72

Which of the following established that temporary employees may be included in a company’s bargaining unit?

A. Weingarten
B. Sturgies
C. La Guardia
D. Payne

Answer 72

B. In NLRB v. Sturgis, the courts established that union can organize a bargaining unit of an employer’s regular and temporary employees, but only if both the employer and the staffing agency consent.

Question 73

Workplace training programs and inspections conducted by the unions are most likely the result of which of the following union management approaches?

A. Collective bargaining
B. Safety initiatives
C. Co-employment
D. Joint management

Answer 73

D. Many companies and unions are finding that a cooperative approach to the shared responsibilities for employees is more effective than the adversarial efforts of the past. In a joint management initiative, unions offer skills and compliance training and health and safety inspections as part of their services.

Question 74

Workplace monitoring systems seek first to accomplish which organizational objective?

A. Catch employees who are violating company policies
B. Protect the company and customers from unauthorized access or data theft
C. Create proof and documentation to defend a potential charge of negligence
D. Manage risks in high hazard environments

Answer 74

`B. Of the list presented, the best reason an employer may use workplace surveillance is to protect employees and other stakeholders from unauthorized access to sensitive data.

Question 75

Employee rights are most often offset by what?

A. Obligations
B. Statutory protection
C. Responsibilities
D. Freedoms

Answer 75

C. Both employee rights and responsibilities are governed by case law and statutes. Employee rights include the right to a work environment free from harassment and the right to vote. Employee responsibilities include the duty of diligence, the duty of obedience, and the duty of loyalty.

Question 76

What is a challenge to using a handbook to communicate policies to employees?

A. Readability
B. Downward communication
C. Employee perception
D. Relevance

Answer 76

A. Handbooks are often written from a perspective of managing risk for an employer. As a result, many handbooks are not written at an appropriate reading level for employees.

Question 77

What is an HR best practice for distributing the employee handbook?

A. Using the company intranet for easy access
B. Holding new-hire orientations to review the handbook policies and obtain signatures
C. Making an honest attempt to ensure employees read and understand the policies
D. Asking the supervisors to review the handbook with employees any time changes are made

Answer 77

C. The needs of employers and employees vary from company to company and even from work site to work site. For this reason, HR should make an honest attempt to communicate the handbook and accompanying policies in a way that best serves the needs of the employer/employee relationship.

Question 78

The primary purpose of an HR audit in risk management is to accomplish which of the following?

A. Analyze a department budget
B. Evaluate a depart mission
C. Identify organizational risks
D. Align organizational goals

Answer 78

C. An HR audit can be used for several purposes, all of which are named here. In risk management, however, the primary purpose is to analyze an organization’s business practices to identify and mitigate/eliminate risks.

Question 79

Of the following options, which is federal legislation that affects the risk management activities of an HR department?

A. Americans with Disabilities Act
B. Occupational Safety and Health Act
C. Civil Rights Act of 1964
D. All of the above

Answer 79

D. The term “risk management” is often used interchangeably with the term “safety.” However, risk management in an organization seeks to identify risks in all facets of human resource management, not just compliance with the Occupational Safety and Health Act.

Question 80

Which of the following acts requires employers to provide employees with a place of work that is “free from recognized hazards that are causing or likely to cause death or serious physical harm”?

A. Occupational Safety and Health Act
B. Sarbanes-Oxley Act
C. Rehabilitation Act
D. Workers’ Compensation Act

Answer 80

A. The Occupational Safety and Health Act established responsibilities of employers in three main areas: 1. a workplace free from recognized hazards that may cause death or serious injury; (2) employers must comply with safety and health standards; (3) employers must comply with standards/regulations that affect their individual actions and behavior.

Question 81

Which of the following did the Occupational Safety and Health Act of 1970 establish?

A. National Institute of Occupational Safety and Health (NIOSH)
B. Occupational Safety and Health Administration (OSHA)
C. Occupational Safety and Health Review Commission (OSHRC)
D. All of the above

Answer 81

D. The OSH Act of 1970 established three permanent agencies: NIOSH, OSHA, and OSHRC. All three are charged with furthering the safety and health rights of American workers. NIOSH conducts safety and health research, OSHA creates and enforces safety and health standards, and OSHRC is an independent agency that adjudicates enforcement actions brought by employers.

Question 82

What is the primary purpose of OSHA’s injury record-keeping requirements?

A. To collect data for OSHA and NIOSH to identify emerging hazards and recommend new standards
B. To have documentation available in the event of an OSH inspection
C. To calculate relevant penalties based on the type of violation
D. To reference evidence in the application of enforcement standards

Answer 82

A. The primary purpose of requiring employers to document certain types of injuries and illness is to identify and respond to emerging trends.

Question 83

Which of the following created safety and health standards for mine workers?

A. Occupational Safety and Health Administration
B. Mine Safety and Health Act
C. Needlestick Safety and Prevention Act
D. Rehabilitation Act

Answer 83

B.

Question 84

Asbestos and corrosives are examples of which of the following types of environmental health hazards?

A. Physical
B. Biological
C. Chemical
D. All of the above

Answer 84

C. There are three types o environmental health hazards: chemical, physical, and biological. Chemical hazards are those that put an employee into contact with potentially hazardous substances. Physical hazards are those that could cause physical or bodily harm, such as slips, trips, or falls. Biological hazards are those that affect the bodily systems, such as bacteria or contaminated water.

Question 85

Which of the following types of assets would need to be evaluated in a security risk assessment?

A. Information assets
B. Environmental assets
C. Cultural assets
D. Trade secrets

Answer 85

A. In a risk assessment of security, human resources professionals address four types of risks: financial, physical, informational, and human. Information assets can be compromised at all four levels. For example, employees can leak confidential information (human), hackers can break into a company database (physical), or a fire could erupt, damaging records (financial).

Question 86

The companies that had staff in New York on September 11, 2001, lost power as the result of the terrorist attacks on the WTC. One of the companies was able to activate their emergency response plan. including automated backup of data and employee egress. This is an example of which of the following types of risk management?

A. Injury and illness prevention
B. Environmental hazard assessments
C. Business continuity
D. Information asset management

Answer 86

C. Business continuity planning is the act of developing, monitoring, and implementing systems to respond to unplanned events. It focuses largely on containment of hazards and steps to continue critical business operations as needed.

Question 87

Training management and having an employee assistant program (EAP) in place are steps taken to minimize which of the following?

A. Disgruntled employees
B. Stress in the workplace
C. Workplace violence
D. Business disruption

Answer 87

B. Workplace violence policies and procedures are put into place to help managers recognize the signs of stress and offer solutions where appropriate.

Question 88

If an employee is injured on the job but is still qualified to complete some essential functions, which of the following return-to-work (RTW) strategies should HR recommend?

A. Modified duty
B. An independent medical exam
C. Time off from work
D. A short-term administrative position

Answer 88

A. Administering effective RTW solutions can help the employee transition back into the job and reduce the overall cost of a workers’ compensation claim. Modified duty assignments that align the employee’s work with the specific medical restrictions will allow employees to return to work sooner rather than later.

Question 89

Which of the following is the most important consideration for workplace privacy concerns?

A. Controlling privacy abuses
B. Balancing employer security needs against employee privacy concerns?
C. Having a workplace privacy policy?
D. All of the above

Answer 89

B. Employer security issues are many and include the need for data protection, protecting both employees and customers from identity theft,and compliance with the Electronic Communications Privacy Act of 1986.

Question 90

Which of the following statements belongs in an electronic media privacy policy?

A. Emails sent using company equipment are the property of the employer and may be monitored or reviewed at any time.
B.The employer reserves the right to terminate the employee at any time and for any reason, including electronic media abuse
C. The employer prohibits the use of company cell phones for personal calls
D. All of the above

Answer 90

A. Employees have a reasonable expectation of privacy in the workplace. This is established based on factors such as privacy policies and precedent. Any monitoring of electronic media must be in accordance with the law and be communicated to the affected employees via a policy statement.

Question 91

Of the following plans, which describes the best way for the organization to evacuate company personnel and on-site visitors in the event of a natural disaster?

A. Continuity of operations plan
B. Disaster recovery plan
C. Emergency response plan
D. Critical incident plan

Answer 91

C. Assessing business continuity risks includes the creation of plans that respond to a crisis throughout specific phases. It begins with a plan to direct employees at the time of a crisis and includes OSHA’s emergency action plan. This is followed by a disaster recovery plan and then a continuity of operations plan. All plans must be regularly maintained and communicated.

Question 92

If an employer wants to prevent fraud by having an impartial review of an injured worker’s ability to return to work, they should use which of the following?

A. An occupational clinic
B. An independent medical exam
C. The employee’s personal physician
D. The emergency room

Answer 92

B. An independent medical exam is useful for employers who want to determine whether an injured worker is fit to return to work. Impartiality is important to help prevent fraud and to deal with the challenges that are presented through improper diagnoses or treatment.

Question 93

An effective substance abuse policy in the workplace has which of the following components?

A. A plan for random drug tests
B. A description of the return-to-work process
C. A succession plan, should an employee separation occur
D. Top management support of a substance abuse program

Answer 93

D. Substance abuse policies are merely written words if they lack support from top management. They are part of a broader program that may include the types of drug screening that the employee may expect on the job and the return-to-work process.

Question 94

Which of the following risk classifications are threaded throughout all HR activities?

A. Legal compliance
B. Employee safety?
C. Financial management
D. All of the above

Answer 94

A. Legal risks have a broad reach, which are threaded throughout all HR activities. Compliance with labor laws, including those regulating safety and health, workplace privacy, staffing, and training, are all part of the scope of risk assessment in HR.

Question 95

If an employer receives a complaint about sexual harassment from an employee, which of the following risk assessment tools should they employ?

A. HR audit
B. Workplace investigation
C. Legal compliance review
D. Discrimination audit

Answer 95

B. There are several different types of tools available to HR to use in assessing risk. In this scenario, a prompt and thorough investigation can help assess the risk and direct the employer response.

Question 96

A male supervisor chose a male candidate over a female candidate because hew as worried about the potential loss of productivity the woman may have because of childcare issues. Which of the following types of unlawful discrimination dis the supervisor commit?

A. Work-life discrimination
B. Caregiver discrimination
C. Disparate treatment
D. All of the above

Answer 96

D. There are several forms of work-life discrimination that can occur in the workplace. Giving favor to a male candidate over a female candidate base don perceived future performance is form of disparate treatment that falls within the category of caregiver or childcare discrimination.

Question 97

If a federal contractor with more than $100k in contracts has an employee who is convicted of a drug-related offense, which of the following actions must they take?

A. Notify the OFCCP
B. Notify the contracting agency of the violation within 10 days of the offense
C. Notify the DOL
D. None of the above. The employee has a right to privacy

Answer 97

B. Employers that have federal contracts in excess of $100k must follow specific guidelines regarding substance abuse in the workplace. These guidelines include developing a written policy, establishing an awareness program, and notifying contracting agencies of violations of illegal drug offenses.

Question 98

Your employer has asked you to conduct research on the merits of having warehouse employees use back braces in an effort to decrease soft tissue injuries. Which of the following resources would yield this information?

A. National Institute of Occupational Safety and Health (NIOSH)
B. Occupational Safety and Health Administration (OSHA)
C. Center for Disease Control (CDC)
D. Department of Labor (DOL)

Answer 98

A. NIOSH is charged with researching and evaluating workplace hazards and recommending ways to reduce the effect of those hazards on workers.

Question 99

An off-duty employee was onsite at his place of work, visiting a co-worker on the co-worker’s lunch break. The off-duty employee slipped on a spill that had not been properly cleaned up. Which of the following statements is true?

A. The injury is recordable
B. The injury is not recordable.
C. The injury is both compensable and recordable.
D. The injury is considered work-related, but the recordability is determined by the type/severity of the injury

Answer 99

B. Employers are required to record all work-related illnesses and injuries that fall within certain guidelines. According to OSHA standard 1904.5, an employer is not required to record an injury or illness when it occurs to an employee who was present in the workplace as a member of the general public.

Question 100

An employer discovers a gas leak in the company’s break room, and an employee places a call to OSHA to report it. Under what priority is OSHA likely to conduct an inspection?

A. Imminent danger, first
B. Catastrophes, second
C. Employee complaints, third
D. High hazard, fourth

Answer 100

A. OSHA establishes inspection priorities based on the nature and severity of the hazard for employees. Imminent danger classifications are considered high priority and exist when there is a reasonable certainty that immediate death or serious injury may occur as a result of the hazard.

Question 101

At which stage of an OSHA inspection would the compliance officer review the employer's written safety and health program?
A. The opening conference
B. The facility tour
C. The closing conference
D. The appeals process

Answer 101

B. An OSHA inspection takes place in three parts: the opening conference, the facility tour, and the closing conference. During the tour, the employer can be expected to provide copies of any written safety and health programs and records, such as OSHA logs and employee exposures to hazards.

Question 102

Prison guards exposed to tuberculosis are threatened by which of the following types of workplace health hazards?

A. Environmental hazards
B. Physical hazards
C. Biological hazards
D. Chemical hazards

Answer 102

C. Biological

Question 103

Cecelia, a CSR, has been recently complaining about pain and swelling in her wrist. which of the following steps should HR take first?

A. Conduct ergonomics training
B. Evaluate her workstation for potential causes
C. Offer to send her to the occupational clinic for treatment
D. Giver her a refusal of treatment form

Answer 103

C. Training is not always the best solution to abate workplace hazards. When an employee has an injury or potential injury, the first step must always be to address the welfare of the individual by offering immediate medical care. A workstation evaluation and subsequent ergonomics training may be recommended afterward to prevent similar injuries from occurring in the future.

Question 104

An employer has 350 FT employees working 40 hours a week, 50 weeks per year. Of those, 35 had a soft-tissue injury related to office ergonomics. What is the employer’s EIR?

A. 2.5%
B. 5%
C. 10%
D. 12.5%

Answer 104

C. An employers Ergonomic Injury Rate can be calculated to assess the success of prevention efforts. Measuring an EIR both before and after safety training or assessment efforts will help determine business impact. The EIR is calculated by dividing the total number of hours worked by all employees during the period (700,000) by the total number of injuries multiplied by 200,000 (7,000,000).

Question 105

Worker’s compensation insurance was originally designed to do what?

A. Compensate employees for injuries sustained on the job
B. Set regulations for telecommuting workers
C. Establish guidelines for dealing with substance abuse in the workplace
D. Cover the emotional impairment from a work-related injury

Answer 105

A. Although worker’s comp laws have been expanded from their original intent, the primary purpose was the ensure that workers received medical care and other types of compensation should they be injured on the job.

Question 106

Which of the following statement is true with regard to leave coordination for an injured worker?

A. The FLSA will have to be considered when coordinating leaves
B. An employee may not be compelled to use any accrued sick time while out with a work-related injury
C. FMLA leave may run concurrently with an employee out for a work-related injury
D. All of the above

Answer 106

C. State laws vary from federal law in many ways, particularly in the area of leave management. However, under federal law, employers may run the 12 weeks of unpaid leave an eligible employee is entitled to under FMLA along with any time off for a work-related injury/illness.

Question 107

What is the primary distinction between modified duty and reasonable accommodation?

A. Modified duty is typically a short-term solution
B. Reasonable accommodation applies only to compliance with the ADA
C. Employers are not required by law to offer reasonable accommodation to injured workers
D. None. They can be used interchangeably

Answer 107

A. Modified duty is short term, otherwise it may be the modified duty is not an essential job function, then the ADA law gets involved.

Question 108

In what way can an employer’s modified duty program dilute the essential functions of the job under the ADA?

A. If the employer modifies a function that is nonessential, they may need to do so for a disabled worker as well
B. If the employer removes an essential function in order to accommodate modified duty, the task may not actually be considered essential
C. The length of time an employer accommodates a modified duty assignment may set precedent for the long-term accommodation of a disabled individual
D. All of the above

Answer 108

D. An employer who utilizes modified duty must be aware that the practices used to accommodate an injured worker may also have to be used to accommodate a disabled worker.

Question 109

Which of the following is the primary act that governed the use of child labor in the workplace?

A. FLSA
B. Occupational Safety and Health Act
C. Railway Labor Act
D. All of the above

Answer 109

A. FLSA

Question 110

As assessment may be conducted to identify which of the following types of risk?

A. Employee safety and health
B. Union activity
C. Labor law compliance
D. All of the above

Answer 110

D. A risk assessment is a highly useful tool that can be tailored to identify specific types of threats that can occur against an employer. These threats may include threats against the safety and health of employees, the presence of any union-organizing activity, and risks associated with being out of compliance with various labor laws.

Question 111

Why would an audit of an employer’s hiring practices be a form of risk management?

A. The audit could discover disparate pay rates
B. The audit may uncover practices that are contrary to a company’s recruiting philosophy
C. The audit may analyze the proper use of pre-employment tests
D. The audit may measure new-hire development practices for consistency

Answer 111

C. An audit of the employer’s selection practices focuses on risks associated with legal compliance in employer selection procedures. These risks include the proper use of reliable and valid pre-employment tests that do not result in disparate impact against protected-class groups.

Question 112

The best way to prepare for an internal workplace investigation is to do which of the following?

A. Call the labor attorney
B. Establish a legally compliant procedure
C. Speak with a manager first
D. Review current practices for parison

Answer 112

B. As with many risks associated with business, having written plans and procedures prior to their need is a best practice. Such resources may be consulted for input, and any training needs can be identified (and implemented) as needed.

Question 113

A retina scan to open doors is a security measure designed using what kind of data?

A. Scanned
B. Biological
C. Passively collected
D. Biometric

Answer 113

D. Biometric

Question 114

The agricultural producer you work for in the southern USA is complaining of the rising temperatures typical of summer. Under what OSHA standard must you address this hazard?

A. HAZCOMM
B. Heat illness
C. General duty
D. Self-inspections

Answer 114

C. There are currently no specific OSHA standards for occupational heat exposure at the federal level. However, under the General Duty clause, Section 5(a)(1) of the Occupational Safety and Heath Act of 1970, employers are required to provide their employees with a place of employment hat is “free from recognizable hazards that are causing or likely to cause death or serious harm to employees.”

Question 115

What is the best way to know which safety laws apply to your organization?

A. Conduct a risk assessment
B. Join a local HR group
C. Obtain a BA in Human Resources
D. Become a certified safety specialist

Answer 115

A. There are many variables that affect the safety standards that must be applied at a place of work. These variables include industry-and state-specific requirements as well as the nature and frequncy of hazards. For this reason, a formal risk assessment will help you identify hazards and research the laws that outline safety responsibilities.

Question 116

What is the primary reason for conducting a self-inspection?

A. To keep an OSHA inspector from coming to your place of work
B. To correct hazards and prevent incidents
C. To reduce worker’s compensation costs
D. To demonstrate compliance with the law

Answer 116

B. The primary goal of any health and safety self-inspection is to identify and correct hazards to prevent an incident.

Question 117

Of the following, which is the least effective way to abate a safety hazard related to a piece of machinery?

A. Limit operation to trained users
B. Require personal protective equipment (PPE)
C. Train employees on use and type of hazards
D. Don’t allow machine guards to be removed

Answer 117

B. Personal protective equipment is generally a last step toward eliminating/reducing a safety hazard.

Question 118

Of the following jobs, which is most likely to cause an ergonomic injury?

A. Running a bottling line
B. Working in a loud factory
C. Operating a jackhammer
D. Working with chemicals

Answer 118

C. Ergonomic injuries are most likely to occur in jobs that require repetitive motion. This includes long-term exposure to vibration.

Question 119

A written injury and illness prevention program is an example of what type of OSHA-defined hazard control?

A. Engineering
B. Administrative
C. PPE
D. Operational

Answer 119

B. OSHA recommends that employers conduct job hazard analyses to identify both hazards and controls. Administrative controls include written policies, procedures, rules, signage, and training.

Question 120

One of your forklift drivers was not paying attention and crushed his ankle between the forklift and a beam. What was the direct cause of the injury?

A, The employee’s lack of attention
B. the placement of the beam
C. The contact between his ankle and the beam
D. Lack of training

Answer 120

C. OSHA defines the direct cause of injuries as the “unplanned release of energy…” In this case, the force of the contact between the forklift and the driver’s ankle was more than his ankle could absorb.

Question 121

One of your forklift drivers was not paying attention and crushed his ankle between the forklift and a beam. What was the indirect cause of the injury?

A. The employee’s lack of attention
B. The placement of the beam
C. The contact between his ankle and the beam
D. Lack of training

Answer 121

A. Part of accident and injury investigations includes determining the direct and indirect causes. OSHA defines indirect causes as unsafe acts or unsafe conditions.

Question 122

Which is the first priority when responding to the scene of a workplace incident?

A. Identifying and then separating any witnesses
B. taking pictures to document the conditions for an investigation.
C. Obtaining medical attention for any injured worker
D. Securing the area so nobody else gets hurt

Answer 122

D. The first priority when responding to a workplace incident is to secure the area so no other injuries may occur.

Question 123

Which of the following steps should you take to avoid witness contamination after a workplace incident?

A. Speak to all of them in a group to see what the consensus is
B. Separate them as soon as is practicable and interview them separately
C. Obtain all their accounts in writing
D. Interview only a few of them and compare their findings to your own impressions

Answer 123

B. Group bias is a real concern for accident investigators. To avoid contamination of what really happened, it is a best practice to separate the witnesses and interview them one on one.

Question 124

For a written injury and illness prevention plan to be effective, it should contain which of the following elements?

A. A description of the disciplinary actions that will be taken if an employee get injured
B. A detailed summary of the type of benefits available to an injured worker
C. A map or listing of the closet place to seek medical care, should an employee sustain an injury
D. A statement of top-level management commitment to employee safety and health

Answer 124

D. The purpose of a written in jury and illness prevention plan is to communicate the top-level commitment of the executive team to an overall safety management system. The plan will describe the elements of this program, including a commitment to regular hazard analyses and preventative efforts to reduce worker exposure, along with a description of safety meetings or trainings to prevent injury.

Question 125

Requiring mangers to write descriptive comments about employee performance is an example of what type of performance appraisal?

A. Comparison
B. Narrative
C. BARS
D. Ranking

Answer 125

B. The narrative method of performance appraisals requires a more descriptive approach to documenting employee performance. Variations on this method include essays or critical incident reviews.

Question 126

When do employers most often conduct employee performance reviews?

A. After the employee’s first 90 days of work
B. Quarterly
C. Annually
D. All of the above

Answer 126

D. There are many different ways employers may choose to time the delivery of performance feedback. The most common include after the introductory period is complete, quarterly, and annually.

Question 127

An employee at your place of work was not wearing the required eye goggles and accidentally splashed bleach into his eyes. He went to the occupational clinic for treatment, and the doctor gave him an eye patch that he must wear for three days. He was able to return to work the next day. Is this injury recordable?

A. Yes, because he did not return to work on the same day
B. Yes, because he was prescribed an eye patch
C. No, because the treatment was considered first aid only
D. No, because the injury may have been his fault

Answer 127

C. This is not a recordable injury because the employee received first-aid treatment only and was able to return to work on his next scheduled work day. OSHA does not require employers to count the day of the injury.

Question 128

Under which of the following conditions has unlawful discrimination in performance appraisals not occurred?

A. The supervisor rates a female employee lower on attendance because she uses her sick leave more often for her children, not herself
B. The supervisor rates a Muslim employee low on his attendance because he takes ore time off than other workers to practice his religion
C. The supervisor rates an older worker low on technical performance because he asks so many questions about the system
D. The supervisor is in a relationship with a subordinate and is in a position to rate her performance

Answer 128

D. Discrimination becomes unlawful with it is based on non-job-related criteria such as gender, age, or religious affiliation. Simply being in a position of authority over a romantic interest does not automatically mean that the supervisor is discriminating.

Question 129

Which of the following is an employer best practice when delivering performance feedback?

A. Use specific examples of behavior that covers the entire rating period
B. Ensure that the employee knows when his personal life is affecting his professional life
C. Allow co-workers to review the performance feedback prior to delivering the feedback
D. All of these are best practices

Answer 129

A. A valid, nondiscriminatory, and effective performance appraisal process takes into account job-related behaviors and improvement feedback.

Question 130

A supervisor is reluctant to give an employee a low rating on his poor attendance, mainly because the employee –when present– is his most productive worker. This is an example of what type of rater bias?

A. Primacy
B. Recency
C. Halo/horn
D. Leniency

Answer 130

C. The halo/horn bias occurs during performance appraisals when competence in one area serves as the primary behavior in a performance review, often to the exclusion of negative behaviors.