Are You In Compliance?

Under AB 2337, California employers with 25 or more employees must provide written notice to employees of their rights to take protected leave for domestic violence, sexual assault or stalking. The notice should be provided to new employees and to other employees by request. The notice can be downloaded from the Department of Industrial Relations.

Dental facilities with amalgam separators on June 14, 2017 must replace that separator by this date and comply with documentation requirements. Separators must be compliant with either the American National Standards Institute (ANSI) American National Standard/American Dental Association (ADA) Specification 108 for Amalgam Separators (2009) With Technical Addendum (2011) or the International Organization for Standardization (ISO) 11143 Standard (2008) or subsequent versions so long as that version requires amalgam separators to achieve at least a 95 percent removal efficiency.

The California Department of Industrial Relations (DIR) has updated Wage Order 4-2001 to reflect the 2017 and 2018 increases in the state minimum wage. The DIR amended sections 4(A) and 10(C), which also reflect updated meal and lodging credit amounts. The correct industry Wage Order bears a revision date of “12/2016,” which is found on the bottom of the cover page for each Wage Order. Although the Wage Orders are dated 12/2016, they were just released by the DIR. Please note: this change comes after the 2017-18 CDA Required Poster Set printing. Each employer/practice owner is required to print and post the updated Wage Order over the top of the old Wage Order contained in the Required Poster Set. The Required Poster Sets will not be reprinted to reflect this change until the next print cycle in 2019.

CURES 1.0 will be discontinued on March 5, 2017, meaning prescribing health care practitioners will only be able to access CURES 2.0. The change stems from security concerns, so practitioners will need to update their browsers accordingly.

Effective March 1, 2017 all single-occupancy restrooms in any business establishment, place of public accommodation, or government agency need to be identified as "all gender" and be universally accessible. The bathrooms to which this law applies are toilet facilities with no more than one water closet and one urinal and with a locking mechanism controlled by the user. Therefore, employers and practice owners should change signage used for single-user restrooms to comply with the law. It is important to note that not every “all-gender” sign available for purchase complies with California law. The state requires the all-gender sign to have a geometric symbol on the door that is an equilateral triangle superimposed onto a circle. No other pictogram, text, or braille is required on the symbol. 

Practice owners who are hiring or planning to hire new employees must use the new Employment Eligibility Verification Form I-9. As of Jan. 21, 2017, all previous versions of the form will become invalid. The new form is designed to be easier to use. It clarifies several points of confusion for employers, and includes embedded instructions for completing fields. The new form can be accessed via the U.S. Citizenship and Immigration Services website.

The minimum wage for a large employer with 26 or more employees in California will increase from $10 per hour to $10.50 per hour, and employers with 25 or fewer employees will remain at $10.00 until Jan. 1, 2018. Some cities and counties have their own ordinances beyond what is required by state law, with more expected to follow. CDA provides a guide to minimum wage ordinances by city and county and employers are advised to check with their local jurisdictions to ensure they are in compliance.

CDT 2017 is the newest version of the American Dental Association’s code on dental procedures and nomenclature. Dentists must now use the new dental codes. There are 11 new procedure codes, 5 code revisions and 1 code deletion.

Employers with 10 or more employees must register with the Employment Development Department's e-Services for Business and file all wage reports and employment tax returns and pay all contributions for unemployment insurance premiums electronically. All employers will be required to register and file under this new law beginning Jan. 1, 2018.

Written informed consent forms for the sedation/anesthesia of a minor patient must now include specific language. CDA has updated the forms to reflect the change. The language is as follows: “The administration and monitoring of general anesthesia may vary depending on the type of procedure, the type of practitioner, the age and health of the patient, and the setting in which anesthesia is provided. Risks may vary with each specific situation. You are encouraged to explore all the options available for your child’s anesthesia for his or her dental treatment, and consult with your dentist or pediatrician as needed.”