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Section 3 of 7

CSLB Supervising and Training Employees Practice Questions

10 free practice questions on supervising and training employees, part of the Employment Requirements section (about 20% of the exam). Try each one, then open the answer: every choice is explained and the law is quoted.

Questions and answers

  1. Employment Requirements

    1. Under Labor Code section 6401.7, what must every employer establish, implement, and maintain?

    • A. A health insurance plan for its workers
    • B. A yearly performance review for each worker
    • C. An effective written injury prevention program
    • D. An apprenticeship program approved by a union
    Show answer

    Correct answer: C

    • A. A health insurance plan for its workers

      Section 6401.7 requires an injury prevention program, not a health insurance plan. Health insurance is not required by this section.

    • B. A yearly performance review for each worker

      A yearly performance review is not required by this section. What it requires is an effective injury prevention program.

    • C. An effective written injury prevention program

      Correct answer

      Correct. Section 6401.7 says every employer must establish, implement, and maintain an effective injury prevention program, and the program generally must be written.

    • D. An apprenticeship program approved by a union

      An apprenticeship program is not required by this section. The program it requires is an injury prevention program.

    Explanation

    Labor Code section 6401.7 says every employer must establish, implement, and maintain an effective injury prevention program, and the program must generally be written. This is often called the Injury and Illness Prevention Program (IIPP). Health insurance, performance reviews, and apprenticeship programs are not required by this section.

    Source

  2. Employment Requirements

    2. A carpenter tells his employer that a scaffold is unsafe. The employer fires him because of this complaint. Under Labor Code section 6310, what is the carpenter entitled to?

    • A. Only a written apology from the employer
    • B. Reinstatement and his lost wages and benefits
    • C. Nothing, because he did not complain to Cal/OSHA
    • D. Only unemployment benefits paid by EDD
    Show answer

    Correct answer: B

    • A. Only a written apology from the employer

      An apology is not the remedy this section gives. A fired employee is entitled to reinstatement and reimbursement for lost wages and work benefits.

    • B. Reinstatement and his lost wages and benefits

      Correct answer

      Correct. An employee fired for a good-faith complaint about unsafe working conditions is entitled to reinstatement and reimbursement for lost wages and work benefits.

    • C. Nothing, because he did not complain to Cal/OSHA

      A complaint made only to the employer is still protected. Section 6310 covers complaints to government agencies or to the employer.

    • D. Only unemployment benefits paid by EDD

      Unemployment benefits are not the remedy this section gives. It gives reinstatement and reimbursement for lost wages and work benefits.

    Explanation

    Labor Code section 6310 protects an employee who makes a safety complaint to the government or to the employer. An employee fired for a good-faith complaint about unsafe working conditions is entitled to reinstatement and reimbursement for lost wages and work benefits. A complaint made only to the employer is still protected. An apology or unemployment benefits are not the remedy this section gives.

    Sources

  3. Employment Requirements

    3. A foreman reasonably believes his company is breaking a state safety regulation. Reporting problems is part of his job. He reports it to a government agency. Under Labor Code section 1102.5, may the company retaliate against him?

    • A. Yes, because he did not report it inside the company first
    • B. No, he is protected even if reporting is his job
    • C. Yes, because reporting problems is part of a foreman's job
    • D. No, but only if the agency later finds a violation
    Show answer

    Correct answer: B

    • A. Yes, because he did not report it inside the company first

      Wrong. Section 1102.5 protects disclosure to a government agency and does not require him to report inside the company first.

    • B. No, he is protected even if reporting is his job

      Correct answer

      Correct. He had reasonable cause to believe a state regulation was being violated, and the protection applies regardless of whether disclosing the information is part of his job duties.

    • C. Yes, because reporting problems is part of a foreman's job

      Wrong. Section 1102.5 protects the disclosure regardless of whether disclosing the information is part of the employee's job duties.

    • D. No, but only if the agency later finds a violation

      Wrong. Reasonable cause to believe there is a violation is enough; the agency does not have to later find a violation.

    Explanation

    Labor Code section 1102.5 says an employer may not retaliate against an employee for disclosing information to a government agency when the employee has reasonable cause to believe it shows a violation of a law or regulation. The protection applies regardless of whether disclosing the information is part of the employee's job duties. The law does not require him to report inside the company first. It also does not require that the agency later prove a violation; reasonable belief is enough.

    Sources

  4. Employment Requirements

    4. A contractor's employee handbook says workers may not tell any government agency about possible law violations at the company. Under Labor Code section 1102.5, may the contractor adopt and enforce this rule?

    • A. No, an employer may not make or enforce such a rule
    • B. Yes, if each worker signed the handbook when hired
    • C. Yes, a private employer may set its own reporting rules
    • D. No, unless the rule covers only workers whose job is reporting
    Show answer

    Correct answer: A

    • A. No, an employer may not make or enforce such a rule

      Correct answer

      Section 1102.5 says an employer may not make, adopt, or enforce any rule or policy that prevents an employee from giving information to a government or law enforcement agency about a possible violation of law. The handbook rule tries to block exactly these reports.

    • B. Yes, if each worker signed the handbook when hired

      A signed handbook does not make the rule lawful. The employer may not make, adopt, or enforce a rule that prevents employees from reporting to a government agency.

    • C. Yes, a private employer may set its own reporting rules

      The employer cannot set its own rule here. Section 1102.5 says an employer may not make, adopt, or enforce any rule or policy that prevents employees from giving information to a government or law enforcement agency.

    • D. No, unless the rule covers only workers whose job is reporting

      The protection applies whether or not reporting is part of the worker's job duties. So limiting the rule to workers whose job is reporting would not make it lawful.

    Explanation

    Labor Code section 1102.5 says an employer may not make, adopt, or enforce any rule or policy that prevents an employee from giving information to a government or law enforcement agency. This applies when the employee has reasonable cause to believe the information shows a violation of law. The handbook rule tries to stop exactly these reports, so it is not allowed. A signed handbook does not make the rule lawful, and the protection applies whether or not reporting is part of the worker's job duties.

    Sources

  5. Employment Requirements

    5. An employer suspends a worker for using sick leave to care for his sick daughter. His actual damages are $150. One day's pay for him is $240. Under Labor Code section 233, what is he entitled to, besides other fair (equitable) relief?

    • A. Only $150, with no reinstatement
    • B. Reinstatement and $150 in actual damages
    • C. Reinstatement and $240, one day's pay
    • D. Reinstatement and $390, both amounts added
    Show answer

    Correct answer: C

    • A. Only $150, with no reinstatement

      This takes away reinstatement, which section 233 gives an aggrieved employee. It also picks $150 when he gets the greater of actual damages or one day's pay.

    • B. Reinstatement and $150 in actual damages

      He does get reinstatement, but section 233 gives actual damages or one day's pay, whichever is greater. One day's pay ($240) is greater than $150.

    • C. Reinstatement and $240, one day's pay

      Correct answer

      Correct. Section 233 gives reinstatement plus actual damages or one day's pay, whichever is greater, and $240 is greater than $150.

    • D. Reinstatement and $390, both amounts added

      Section 233 gives the greater of the two amounts, not both added together. He gets $240, not $390.

    Explanation

    Labor Code section 233 says an employee hurt by a violation is entitled to reinstatement and actual damages or one day's pay, whichever is greater. Here one day's pay ($240) is greater than his actual damages ($150), so he gets $240 plus reinstatement. The two amounts are not added together. The law also does not take away reinstatement.

    Sources

  6. Employment Requirements

    6. Most of a contractor's crew reads Spanish better than English. Under Labor Code section 6401.9, what must its workplace violence training materials be like?

    • A. Written in English only, the language of the law
    • B. The same as a state model, with no changes allowed
    • C. Given only by video, with no written materials
    • D. Fit to the workers' education, literacy, and language
    Show answer

    Correct answer: D

    • A. Written in English only, the language of the law

      Wrong. The section does not require English-only materials; materials must fit the employees' language, so English-only would not fit a crew that reads Spanish better.

    • B. The same as a state model, with no changes allowed

      Wrong. The section does not require a fixed state model; it requires materials appropriate to the employees' educational level, literacy, and language.

    • C. Given only by video, with no written materials

      Wrong. The section does not require video-only training; the rule is that training material must fit the employees' education, literacy, and language.

    • D. Fit to the workers' education, literacy, and language

      Correct answer

      Correct. Section 6401.9 says training material must be appropriate in content and vocabulary to the employees' educational level, literacy, and language.

    Explanation

    Labor Code section 6401.9 says training material must be appropriate in content and vocabulary to the employees' educational level, literacy, and language. For a crew that reads Spanish better than English, the materials must fit that language and reading level. The section does not require English-only materials, a fixed state model, or video-only training.

    Source

  7. Employment Requirements

    7. A contractor's attendance policy gives a worker one point for each absence. Sick days used to care for a sick child count as absences. Five points lead to discipline. Under Labor Code section 234, what is this policy?

    • A. Lawful, as long as the policy is in writing
    • B. An automatic (per se) violation of the kin care law
    • C. Lawful, as long as it applies equally to all workers
    • D. Unlawful only after a worker is actually fired under it
    Show answer

    Correct answer: B

    • A. Lawful, as long as the policy is in writing

      Putting the policy in writing does not help. Counting section 233 sick leave as an absence that may lead to discipline is a per se violation.

    • B. An automatic (per se) violation of the kin care law

      Correct answer

      Section 234 says a policy that counts section 233 sick leave, such as care for a sick child, as an absence that may lead to discipline is a per se violation of section 233.

    • C. Lawful, as long as it applies equally to all workers

      Applying the policy equally to all workers does not save it. Counting this sick leave toward discipline is still a per se violation.

    • D. Unlawful only after a worker is actually fired under it

      No worker has to be fired first. The policy is a violation by itself because the absences may lead to discipline.

    Explanation

    Labor Code section 234 says an absence control policy that counts sick leave taken under section 233 as an absence that may lead to discipline is a per se violation of section 233. Per se means it is a violation by itself, with no need for more proof. Using sick leave to care for a sick child is protected by section 233. A written or evenly applied policy is still unlawful, and no worker has to be fired first.

    Source

  8. Employment Requirements

    8. A contractor's sick leave policy stops an employee's paid sick leave accrual (build-up) once he has 80 hours saved. His other sick leave rights are not limited. He is not covered by a union (collective bargaining) agreement. Under Labor Code section 246, is this cap allowed?

    • A. No, because accrual may never be capped at any amount
    • B. Yes, because accrual may be capped at 80 hours or 10 days
    • C. No, because the accrual cap must be at least 120 hours
    • D. Yes, but only if the employer pays for the hours above the cap
    Show answer

    Correct answer: B

    • A. No, because accrual may never be capped at any amount

      The law does allow a cap: an employer does not have to let total paid sick leave accrual go above 80 hours or 10 days.

    • B. Yes, because accrual may be capped at 80 hours or 10 days

      Correct answer

      Correct. Section 246 says the employer need not let total accrual go above 80 hours or 10 days, so an 80-hour cap is allowed when the employee's other sick leave rights are not limited.

    • C. No, because the accrual cap must be at least 120 hours

      The law sets no 120-hour minimum cap; the employer may cap accrual at 80 hours or 10 days.

    • D. Yes, but only if the employer pays for the hours above the cap

      The law does not require the employer to pay for hours above the cap; an 80-hour cap is simply allowed.

    Explanation

    Labor Code section 246 says an employer does not have to let an employee's total accrual of paid sick leave go above 80 hours or 10 days. So a cap at 80 hours is allowed, as long as the employee's other rights to accrue and use sick leave are not limited. The law does allow a cap, so the idea that accrual can never be capped is wrong. The law does not set a 120-hour minimum cap, and it does not require the employer to pay for hours above the cap.

    Source

  9. Employment Requirements

    9. An injury prevention program must include a system for communicating with employees about safety. Under Labor Code section 6401.7, what should this system be designed to do?

    • A. Keep hazard reports private from the crew
    • B. Send all hazard reports only to Cal/OSHA
    • C. Punish workers who report hazards that are not real
    • D. Encourage workers to report hazards without fear of reprisal
    Show answer

    Correct answer: D

    • A. Keep hazard reports private from the crew

      The system is meant to encourage employees to tell the employer about hazards. Hiding hazard reports works against that goal.

    • B. Send all hazard reports only to Cal/OSHA

      The system is designed to have employees inform the employer of hazards, not to send every report only to Cal/OSHA.

    • C. Punish workers who report hazards that are not real

      Punishing workers for reports works against the goal of letting employees report hazards without fear of reprisal.

    • D. Encourage workers to report hazards without fear of reprisal

      Correct answer

      Correct. The communication system must include provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal (punishment).

    Explanation

    Labor Code section 6401.7 says the program must include a system for communicating with employees on health and safety. This system must include provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal (punishment). Punishing workers for reports or hiding reports works against this goal. Reports go to the employer, not only to Cal/OSHA.

    Source

  10. Employment Requirements

    10. A contractor's injury prevention program has been in place for years. Under Labor Code section 6401.7, which of these workers must the contractor train?

    • A. Only workers who were hurt on the job last year
    • B. Only workers who ask the contractor for training
    • C. Only the foremen and supervisors on each crew
    • D. A current worker who is given a new job assignment
    Show answer

    Correct answer: D

    • A. Only workers who were hurt on the job last year

      Training is not limited to workers who were hurt. The law requires training all new employees and all employees given a new job assignment.

    • B. Only workers who ask the contractor for training

      Training does not depend on a worker asking for it. The employer must train all new employees and all employees given a new job assignment.

    • C. Only the foremen and supervisors on each crew

      Training is not limited to foremen and supervisors. The law covers all employees when the program is first set up, all new employees, and all employees given a new job assignment.

    • D. A current worker who is given a new job assignment

      Correct answer

      Correct. Section 6401.7 requires the employer to train all employees given a new job assignment, so a current worker moved to a new assignment must be trained.

    Explanation

    Labor Code section 6401.7 says the employer must train all new employees and all employees given a new job assignment, in addition to training everyone when the program is first set up. So a current worker moved to a new job assignment must be trained. Training is not limited to injured workers, workers who ask for it, or supervisors.

    Source

Keep studying

Read the Section 3 study notes: Employment Requirements

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