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FOR IMMEDIATE RELEASE |
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House
Democratic Leadership |
  
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Patients and nurses get the protection they deserve
as ban on mandatory overtime set to be signed into law
HARRISBURG, Oct. 8 -- House Democratic leaders said both the House and Senate have passed legislation that would end the practice of mandatory overtime that forces nurses and other medical professionals to work shifts of up to 18 hours in a row, leading to medical errors that put patients lives at risk and reducing the quality of life for nurses both on and off the job.
"We take truckers off the road when they've logged too many miles at the wheel, but, until now, we have turned a blind eye to the marathon hours logged by nurses who deliver care to our loved ones. Now we can proudly say that we have stood fast for nurses and given them the protections they so richly deserve so they can do their jobs to the utmost of their skills and still spend time with their families," said House Majority Leader Bill DeWeese, D-Greene/Fayette/Washington.
"If a nurse has been forced to work 12, 14, 16 hours in a row, that nurse should have the right to say 'no more – I'm concerned about the quality of care I'm delivering to my patients and the quality of my life' and the hospital must agree, barring a major emergency," House Majority Administrator Dan Surra, D-Elk, said. "This is just plain common sense. These men and women are monitoring patients, dispensing medicine and making literal life or death decisions – decisions that should not be clouded by lack of rest. I was proud to introduce this bill, and I'm proud to see it finally about to become law."
"The big winners here are patients and the loved ones who care about them – we can all rest easy that the nurses on duty are at the top of their game, and can use their skills, training and dedication to the utmost," said House Majority Whip Keith McCall, D-Carbon. "It's no surprise that study after study proves that the longer the shift a nurse is forced to work, the greater the chance that an error will occur, just like any one of us would be hard-pressed to be at our best after working around the clock and beyond."
"Let's face it, most of the time a patient is getting direct care it's a nurse delivering that care, and that nurse shouldn't be forced to the brink of exhaustion and beyond," said House Majority Policy Committee Chairman Todd Eachus, D-Luzerne. "This legislation gives our nurses the right to choose to work or not work an extended shift without fear of reprisal while still giving medical facilities needed staffing flexibility in the case of emergencies. It's a win-win for everyone involved."
The lawmakers said H.B. 834 prohibits public and private health-care facilities from requiring an employee who provides direct patient care or clinical care services to work in excess of an agreed to and regularly scheduled daily work shift. The care worker can voluntarily agree to extra shifts, but any care worker who refuses the shift cannot be terminated, discriminated against or be subject to any adverse employment actions.
The ban would be suspended in case of severe emergency or if the additional shifts come only as an absolute last resort when the employer has run out of options to cover a critical function.
The measure is expected to be signed into law as soon as possible by Gov. Rendell.
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