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Counting Employees Under CA Proposition 65 – Dental Compliance

In California, dental offices with ten or more employees that utilize substances on California’s Proposition 65 List must post up to three separate signs notifying employees and visitors of the hazards. The three signs are for restorative materials, nitrous oxide, and bisphenyl A.

When counting employees in the office to determine if Proposition 65 applies, all full-time and part-time staff members should be counted. The definition of employee is broad, and encompasses part-time employees who provide only limited services in the office, possibly including janitors, gardeners, delivery staff, and bookkeepers. Any person listed on payroll for the calendar year can be considered in the employee count. When in doubt, an office should err on the side of inclusion to be certain and post the signs.

For our OSHA Review Subscribers: Proposition 65 signs can be downloaded from OSHA Review’s website – in the restricted section under Documents.

Since 1992, OSHA Review, Inc. has provided dental professionals with comprehensive programs to support regulatory compliance and infection control. We are a registered continuing education provider in the state of California, specializing in Dental Practice Act, infection control, and OSHA training.

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