Does a New York Vet Clinic Need a Written OSHA Safety Plan?

State OSHA coverage

New York operates an OSHA-approved State Plan for state and local government workers only. Private-sector employers and workers are covered by federal OSHA, so the federal OSHA baseline in this kit remains the operative OSHA framework for a private practice. New York does, however, impose a separate private-sector workplace-safety duty outside OSHA — the NY HERO Act, below — which a New York practice must keep on file alongside the federal OSHA documents in this kit. ¹

NY HERO Act (Labor Law 218-b) — airborne infectious disease exposure prevention plan. New York Labor Law Section 218-b requires each private employer — "any person, entity, business, corporation, partnership, limited liability company, or association employing, hiring, or paying for the labor of any individual," excluding government employers — to establish an airborne infectious disease exposure prevention plan, either by adopting the model standard published by the Commissioner of Labor for its industry (or the general model standard) or by establishing an alternative plan that equals or exceeds the model's minimum standards. The employer must provide the plan to employees in writing (and to each newly hired employee upon hiring), post it in a visible and prominent location within each worksite, and include it in the employee handbook if the employer provides one. ²

This is an ongoing duty: NYSDOL states that "Private sector employers are still required to develop Airborne Infectious Disease Exposure Prevention Plans for future designated disease outbreaks," although plans do not currently have to be implemented — implementation is triggered only when the New York State Commissioner of Health designates an airborne infectious disease as a highly contagious communicable disease presenting a serious risk of harm to the public health (the COVID-19 designation ended March 17, 2022). The statute carries anti-retaliation protections and civil penalties, including for failure to adopt a plan. NYSDOL publishes the prevention standard, a general model plan template usable by a veterinary practice, and industry-specific model plans. ^{3 2}

State overlays to fold into the plan

New York registers radiation installations with operable or intended-to-be-used radiation equipment through the Department of Health, unless registration with the New York City Department of Health is accepted for installations under the NYC inspection program. A new installation not already registered must apply between 60 and 30 days before establishment; renewal applications are due between 60 and 30 days before certificate expiration; and operator or location changes use the same 60-to-30-day advance window. A certificate of registration is issued for a period not to exceed two years — except that the Department may issue a certificate for a longer period in order to stagger expiration dates for administrative purposes — is not transferable, must be conspicuously posted, and changes affecting registration information must be reported to the Department in writing within 10 days. ⁴

For veterinary radiographic installations, New York requires beam-restricting collimation, diagnostic protective tube housing, required filtration, and a dead-man exposure switch. During exposure, only persons required for the procedure may be in the room; mechanical supporting or restraining devices must be used when an animal must be held where practicable; animal or film holding is allowed only under clinically necessary extreme conditions; holders wear at least 0.5 mm lead-equivalent gloves and 0.25 mm lead-equivalent aprons, keep body parts out of the useful beam, and are exposure-monitored; pregnant women and persons under 18 may not hold animals or films. Portable/mobile units must have a dead-man switch cord long enough for the operator to stand at least six feet from the animal patient, x-ray tube, and useful beam. ⁵

New York regulates sharps as regulated medical waste (RMW). DEC identifies RMW as material generated in research, production and testing of biologicals or health care, including infectious animal waste and "Needles and syringes (sharps)". DEC lists veterinarians among examples of regulated institutions. ⁶

Records the plan should point to

Veterinary medical records: New York State Education Department guidance says veterinary medical records must be adequate and retained for three years from the date of treatment, in original or legally reproduced form. The same guidance says original medical records or copies may be released only to, or as authorized by, the client or to individuals permitted by federal and state law. ⁷

Controlled-substance records: every veterinarian or other authorized practitioner must keep records of all controlled substances purchased and all controlled substances dispensed or administered from the practitioner's own stock. Purchase records include delivery date, drug type and quantity, and supplier name/address; disposition records include dispensing/administering date, patient name/address, and drug type and quantity. New York requires a biennial inventory for controlled substances listed in Section 3306; a federally compliant biennial inventory is deemed compliant with the New York inventory rule, and a copy must be retained with other controlled-substance records and available for inspection for at least five years. ^{8 9 10}