Navigating the Three-Day Notification Window for Relevant Employers and LEMSAs: Working Days or Calendar Days?

Timing is crucial in EMS, especially when reporting complaints or potential violations for EMS personnel. When it comes to the responsibilities of Relevant Employers and Local EMS Agencies (LEMSAs), understanding the notification timeframes for complaints or potential violations can be complex.

Both parties need to follow a three-day notification window, but the question remains: is that measured in working days or calendar days?

In this post, we will clarify this important issue, detail when the notification clock starts, and provide actionable takeaways to ensure compliance with California statutes and regulations.

Relevant Employers

Timing is essential for Relevant Employers under California Health and Safety Code Section 1798.200(a), which requires:

"The employer shall notify the medical director of the local EMS agency that has jurisdiction in the county in which the alleged violation occurred within three days when an allegation has been validated as a potential (emphasis added) violation of subdivision (c)."

The notification period begins once an allegation is confirmed as a potential violation. The statute doesn’t specify working days, so the default would be calendar days.

LEMSAs

Conversely, LEMSA timelines under the California Code of Regulations Section 100107.01(b) clearly states:

"A LEMSA that receives any complaint against an EMT or Advanced EMT shall forward the original complaint and any supporting documentation to the relevant employer for investigation…within three (3) working days of receipt of the information."

For LEMSAs, the countdown begins upon receipt of the complaint. This regulation explicitly states that notifications must be sent within three working days, which adds clarity to their obligations.

Practical Steps for Compliance

To foster effective compliance with these statues and regulations, both Relevant Employers and LEMSAs can take several practical steps:

• Establish Clear Policies and Procedures: Develop structured processes that align with both the Health and Safety Code and the California Code of Regulations.

  
  

• Train Staff: Ensure that your team understands when the notification window starts. Training should cover the validation process for employers and receipt of complaints for LEMSAs.

  
  

• Use Calendar Tools: Utilize digital calendars or project management software to track deadlines accurately, ensuring both working and calendar days are monitored.

  
  

• Regular Communication: Promote open dialogue between Relevant Employers and LEMSAs about timelines and any updates to procedures.

  
  

The Key Takeaway

This distinction between working days for LEMSAs and calendar days for Relevant Employers can significantly affect the entire complaint resolution process.

Every day counts when it comes to the three-day notification window. Whether defined as working or calendar days, both Relevant Employers and LEMSAs must have solid policies and procedures in place to ensure compliance with California’s statutes and regulations.

By staying informed and proactive about applicable statutes and regulations, LEMSAs and Relevant Employers can navigate the complexities of the notification process with more confidence. This ensures legal obligations are met while protecting the interests of all involved.