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FOR IMMEDIATE RELEASE |
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State
Rep. Marc Gergely |
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State law banning mandatory overtime
for health-care workers takes effect July 1
HARRISBURG, June 25 – A new state law goes into effect Wednesday, July 1 that prohibits hospitals and other health-care facilities in Pennsylvania from forcing nurses and other health-care workers from working overtime shifts as a routine staffing procedure, said state Rep. Marc Gergely, acting chairman of the House Labor Relations Committee.
Since being elected, this issue has been a high priority for Gergely. He said the state Department of Labor and Industry will enforce the law through its Bureau of Labor Law Compliance. The department has added a section to its Web site that includes Act 102, a summary of the law's provisions, a complaint form for health-care workers to report violations and a list of "frequently asked questions" about the law. The Web site is at www.dli.state.pa.us.
As of July 1, Pennsylvania will join 14 other states that prohibit or restrict mandatory overtime for nurses and other hourly and non-supervisory health-care workers that provide direct patient or clinical care services.
"This new law will help stop hospitals and other health-care facilities from forcing nurses and other health-care workers to work overtime as a routine solution to staffing issues," Gergely said. "This is also about improving patient safety. Overworking those who provide health care directly to patients can lead to fatigue and increases medical errors, which puts patients at risk."
Gergely said it is important for health-care workers to understand the new law, how it protects them and what recourse they have if the law is not being followed. Act 102 prohibits health-care facilities in Pennsylvania from requiring health-care workers from working in excess of their agreed-to, pre-determined and regularly scheduled work shift. The law also prohibits health-care facilities from retaliating in any way against nurses and other health-care workers who do not agree to work overtime.
The law makes exceptions for emergencies such as natural disasters, disease outbreaks, or last-minute or unforeseen staffing shortages, and for instances where workers must stay to complete a patient procedure already underway. The law also does not prohibit a health-care worker from agreeing voluntarily to work overtime.
Gergely said the Bureau of Labor Law Compliance will develop regulations to implement the law, but will begin enforcing the law on July 1 regardless of whether the regulations have been fully established. Under the law, the department may require corrective action and impose administrative fines of up to $1,000 on a health-care facility for each violation. He urged nurses and other direct patient care workers, as well as health-care facility administrators, to visit the Labor and Industry Web site for more information on Act 102, its implementation and their rights under the new law.