The Veterinarian-Client-Patient Relationship, or “VCPR,” is the Holy Grail of the practice of veterinary medicine. Business and Professions Code section
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Welcome to the California Veterinary Medical Association’s (CVMA) Guide to Cal/OSHA Compliance. This program is designed to help veterinary practices comply with the Department of Industrial Relations Division of Occupational Safety and Health (Cal/OSHA) regulations. This guide is designed specifically to create a workplace health and safety plan for California veterinary facilities. It meets both Federal and California requirements when properly implemented. Manuals written to meet Fed/OSHA requirements will not satisfy California standards. This guide also assists you with implementation, employee training, and recordkeeping – three vital components to Cal/OSHA compliance.
This interactive guide walks you through compliance topics step-by-step. Once completed, you will be able to print a personalized written safety plan for your practice as required by law. This guide will save entered information and can be edited online when changes or updates are needed.
This guide includes the following topics:
California law requires that employers update their Cal/OSHA written safety plans at least annually.
The Federal Occupational Safety and Health Act of 1970 (OSHA Act) established a national occupational safety and health program and also allowed individual states to establish their own plans if they wished to do so. In 1973 the California Occupational Safety and Health Act was enacted and approved by Fed/OSHA. This act created the Cal/OSHA program, which is monitored and partially funded by Fed/OSHA and administered by the California Department of Industrial Relations.
The major divisions and functions of the Cal/OSHA program are as follows:
Cal/OSHA standards are found in the California Code of Regulations, Title 8, Industrial Relations. Cal/OSHA jurisdiction extends to all workers in the state where an employer/employee relationship exists, with the exception of federal employees. If your practice is incorporated, even the owner of the practice is considered an employee, and therefore Cal/OSHA regulations apply. Only sole proprietors or partnerships with no employees are exempt.
Although Cal/OSHA inspectors will not inform a business of the reason for a particular inspection, it appears that there are three probable triggers for veterinary facility inspections: 1) a workplace death 2) a serious injury or 3) a complaint, usually filed by a former or current employee.
Workplace deaths are rare and will nearly always result in a Cal/OSHA inspection if the employee dies while performing work-related functions. Serious injury or illness is defined as “any injury or illness … which requires inpatient hospitalization for a period in excess of 24 hours for other than medical observation or in which an employee suffers a loss of any member of the body or suffers any serious degree of permanent disfigurement…” Current or former employees who file complaints with Cal/OSHA are the most common inspection triggers. It is important to note that California law prohibits employers from retaliating against current employees for reporting potential workplace hazards or violations.
Cal/OSHA has the legal authority to inspect any California business with employees at any time, without a declared reason. Therefore, all veterinary practices should keep a current Cal/OSHA written safety plan on hand and ensure that employees are familiar with the policies and procedures set forth therein. California law requires that employers update their Cal/OSHA written safety plans at least annually.
Cal/OSHA compliance personnel are prohibited from giving advance notice of an inspection except under specific circumstances. One situation where advanced notice could be given would be when an imminent hazard is present. The advanced notice is given in this circumstance to allow the employer to abate the hazard as quickly as possible.
Inspections will take place during normal business hours unless special circumstances dictate otherwise. The inspectors will identify themselves to the employer by showing their State of California Photo Identification Card and Division of Occupational Safety and Health business card.
In most cases, the inspector will ask for permission to enter the worksite and conduct the inspection. If the owner/employer or management-level personnel are not present, the inspector will attempt to contact them by telephone to inform them of the inspection. If the employer wishes to be present, the inspector may be willing to wait a reasonable amount of time (up to 1 hour) for the employer to come to the worksite. If the employer does not arrive within one hour, the inspector may initiate the inspection. If the employer refuses to consent to an inspection and denies entry/access to a premises, the inspector will treat the employer’s response as a “refusal of entry.” A refusal of entry will initiate legal action on behalf of Cal/OSHA that will probably result in a warrant being issued. It is advisable to comply with Cal/OSHA inspectors by allowing entry and permitting them to gather the information that they need.
You have the right to see the photo identification card carried by Cal/OSHA compliance personnel and you should exercise that right.
You have the right to accompany the Cal/OSHA inspector during most of the inspection (except during the time he/she interviews individual employees).
You have the right to refuse to give consent for the inspection, but again, refusal will result in an inspection warrant being issued, probably within hours or days. If the inspectors arrive with a warrant in hand, you cannot refuse entry.
You have the right to know the code sections that the inspector is citing as violations.
You have the right to appeal inspection findings through the Department of Industrial Relations Occupational Safety and Health Appeals Board.
You do not have the right to be told what triggered the inspection or the specific problem being investigated.
If the owner/employer and/or Safety Coordinator are not present, your staff should be instructed to contact them for instructions.
The following are some of the most common Cal/OSHA citations issued for California businesses:
Information presented in this introduction was found on the Cal/OSHA website: https://www.dir.ca.gov/dosh/ and on the Veterinary Insurance Services Company (VISC) website: http://visc-ins.com/.
Information presented in this introduction was found on the Cal/OSHA website: https://www.dir.ca.gov/dosh/ and on the Veterinary Insurance Services Company (VISC) website: http://visc-ins.com/.
In the menu bar, select “Instructions” to get started on creating your customized Cal/OSHA Safety and Health program.
The CVMA Guide to Cal/OSHA Compliance is designed to provide information that can be used by readers to facilitate compliance with the various Cal/OSHA regulations that may apply to veterinary practices. In providing this information, the California Veterinary Medical Association (CVMA) is not engaged in rendering any legal, technical, or other professional service, and expressly disclaims any obligations or liabilities relating to the information provided herein. If legal or other expert assistance is required, readers should seek the advice and services of a competent professional.
Although significant effort has been made to ensure the accuracy and completeness of the information at the time of publication, the CVMA shall not be responsible for any errors or omissions, or any agency’s interpretation, application, or enforcement of the regulations. The CVMA also shall not be responsible for changes in applicable regulations. Readers are cautioned that regulations are subject to subsequent interpretation and change.
The forms and suggested wording of the various written programs are examples only and should not be used without careful review to ensure their applicability and completeness with respect to any particular practice.
Please remember that interpretations of the regulations may vary between agencies, enforcement branches, and officers. Moreover, laws and legal interpretations can change at any time, and such changes may affect the accuracy of the information contained in this publication. Local enforcement agencies also may have differing interpretations that are inconsistent with those of other local agencies and/or the information provided herein. You may need to modify your written safety plan to reflect not only the specific needs of your practice but also the differing interpretations set forth by your local Cal/OSHA enforcement branch.
© 2016 California Veterinary Medical Association (CVMA). All rights reserved. Not to be reproduced in any form without written permission from the CVMA. Purchasers of the CVMA Guide to Cal/OSHA Compliance are granted limited license to reproduce blank forms for the sole purpose of implementing and maintaining their safety programs. Reproduction of any of the information in this publication for commercial purposes is strictly prohibited.
View and print a sample of the CVMA Cal/OSHA Safety Plan
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