According to OSHA, how does the agency define workplace violence?
A. Any act or threat of physical violence, harassment, intimidation, or other threatening behavior that occurs at the work site
B. Only physical assaults that result in a police report being filed
C. Any disagreement between coworkers that disrupts productivity
D. Violent acts committed exclusively by strangers who are not employees, clients, or visitors
Source: OSHA Workplace Violence Overview (osha.gov/workplace-violence)
A clinic has never had a workplace violence incident. Last week, staff reported that a patient's family member made repeated verbal threats toward front-desk employees. Management is now aware of these threats. Is the clinic on notice under the General Duty Clause test?
A. Yes, this is constructive notice, because management became aware of threats and indicators that the potential for violence exists, even without a prior actual incident
B. No, the clinic cannot be on notice at all until an actual physical assault occurs on its premises
C. No, only a written complaint filed with OSHA itself can establish notice for a private employer
D. Yes, but only because the family member is not an employee, which is the sole trigger for constructive notice
Source: OSHA Workplace Violence Enforcement (osha.gov/workplace-violence/enforcement)
A warehouse has already experienced two physical assaults among employees in the past year, so the employer has actual notice of the hazard. According to OSHA's enforcement guidance, what should the employer do once it is on notice?
A. Implement a workplace violence prevention program combined with engineering controls, administrative controls, and training
B. Nothing further is required as long as the employer avoids reporting the incidents to OSHA
C. Wait for OSHA to issue a citation before taking any corrective action
D. Transfer legal responsibility for the hazard to the employees involved in the assaults
Source: OSHA Workplace Violence Enforcement (osha.gov/workplace-violence/enforcement)
What is the legal status of OSHA 3148, the Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers?
A. It is advisory in nature and informational in content; it is not a standard or regulation and does not create new legal obligations
B. It is a mandatory standard that carries the same enforcement weight as a CFR regulation
C. It replaces the General Duty Clause for healthcare and social service employers
D. It is a binding contract between OSHA and each individual healthcare employer
Source: OSHA 3148, Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers
A nurse reports a violent incident from a patient to her employer and to OSHA. Shortly after, her employer cuts her hours and reassigns her to an undesirable shift. Under Section 11(c) of the OSH Act, what is the legal significance of the employer's action?
A. It would violate Section 11(c), which prohibits discharging or discriminating against an employee for reporting an incident or exercising rights under the Act
B. It is legal as long as the employer waits at least 30 days after the report before taking action
C. It is legal because Section 11(c) only protects employees who report directly to a state governor's office
D. It is legal because Section 11(c) only applies to employees who are union members
Source: OSHA 3148, Guidelines for Preventing Workplace Violence for Healthcare and Social Service Workers
