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ANA strongly supports the reintroduction of the "Nurse and Health Care Worker Protection Act of 2009" (H.R. 2381/S. 1788). Introduced by Represenative John Conyers (D-MI) in the House and Senator Al Franken (D-MN) in the Senate, the bill would require OSHA to develop and implement a standard that will eliminate manual lifting of patients by direct-care registered nurses and other health care workers. The legislation will also require health care facilities to develop a plan to comply with the standard (with input from RNs), provides protection for RNs through refusal of assignment and whistleblower provisions, and requires the Secretary to perform audits.
ANA NEEDS YOU TO TAKE ACTION NOW!
Contact your members of Congress and urge them to cosponsor H.R. 2381/S. 1788 TODAY!
Additional Information on H.R. 2318/S. 1788:
Section 2. Establish a Federal Safe Patient Handling Standard
H.R. 2381/S. 1788 would require the Secretary of Labor to propose a Safe Patient Handling Standard under section 6 of the Occupational Safety and Health Act of 1970 to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers handling patients in health care facilities. A final standard on Safe Patient Handling shall be promulgated not later than 2 years after the enactment of this Act. This standard shall eliminate manual lifting of patients by direct-care registered nurses and other health care provides through the use of mechanical devices. However, there is recognition that in some circumstances, adherence to the standard may not be optimal and should not compromise patient care.
- Require a Safe Patient Handling Plan
Each health care employer will be required to implement a safe patient handling plan within six months of enactment of this legislation.
- Require Employers to Purchase, Use, Maintain Equipment
Employers would also be required to “purchase, use, maintain, and have accessible” equipment no later than two years after establishment of standard.
- Require Employer to Obtain Input from Registered Nurses and Health Care Workers
Employers would need to consult with direct-care registered nurses, health care workers and others in developing/implementing a safe patient handling plan.
- Require Employers to Maintain Data
Employers would be required to track and evaluate injuries related to the safe patient handling standard and to make information available to employees and their representatives.
- Require Employers to Train Health Care Workers
Employers would be required to train health care workers on safe patient handling policies and equipment at least annually.
- Require Posting of Information and Audits
The safe patient handling standard shall require hospitals to post a uniform notice in each unit regarding the standard in a form specified by the Secretary. The standard also requires the Secretary to perform unscheduled audits to ensure compliance.
Section 3. Protection of Direct-Care Registered Nurses and Health Care Workers
The legislation provides a refusal of assignment provision and strong whistle blower protection. If a hospital violates theses protections, a direct-care registered nurses and other health care provides may bring a cause of action in a U.S. district court or file a complaint with the Secretary.
Section 4. Application of Safe Patient Handling and Injury Prevention Standard to Health Care Facilities Not Covered by OSHA
ANA was pleased to see that the safe patient handling and injury prevention standard will now also be applicable to health care facilities not covered by OSHA.
Section 5. Financial Assistance to Needy Health Care Facilities in the Purchase of Safe Patient Handling and Injury Prevention Equipment
H.R. 2381/S. 1788 would establish a grant program that provides financial assistance to cover some or all of the costs of purchasing safe patient handling equipment for health care facilities, such as hospitals, nursing facilities, and outpatient facilities that can prove a financial need. It would authorize $200 million for these grants. Of the $200 million, $50 million would be available for home health agencies or entities.
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