H.R. 378 would direct the Secretary of Labor to issue an occupational safety and health standard to reduce injuries to patients, direct-care registered nurses, and other health care providers by establishing a safe patient handling standard.
Detailed Summary
Nurse and Patient Safety & Protection Act of 2007 - Requires the Secretary of Labor, acting through the Director of Occupational Safety and Health Administration, to establish a Federal Safe Patient Handling Standard to prevent musculoskeletal disorders for direct-care registered nurses and other health care providers working in health care facilities by requiring the elimination of manual lifting of patients through the use of mechanical devices, except during a declared state of emergency.
Requires health care facilities to: (1) develop and implement a safe patient handling plan consistent with such standard; and (2) post a uniform notice that explains the standard and the procedures to report patient handling-related injuries. Requires the Secretary to direct the Occupational Safety and Health Administration to conduct audits of plan implementation and compliance.
Authorizes health care providers to: (1) refuse to accept an assignment in a health care facility if the assignment would violate the standard or if such provider is not prepared to fulfill the assignment without compromising the patient safety or jeopardizing the provider's license; and (2) file complaints against facilities that violate this Act. Requires the Secretary to investigate complaints and to prohibit retaliation if violations occur. Prohibits health care facilities from retaliating with respect to employment against providers for such refusal or against any individual who in good faith reports a violation, participates in an investigation or proceeding, or discusses violations.
Authorizes health care providers who have been retaliated against in violation of this Act to bring a cause of action in a U.S. district court. Entitles providers that prevail to reinstatement, reimbursement of lost compensation, attorneys' fees, court costs, and/or other damages.
Requires the Secretary of Health and Human Services to establish a grant program for purchasing safe patient handling equipment for health care facilities.
Status of the Legislation
Latest Major Action: 5/9/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Workforce Protections.
Points in Favor
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Points Against
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Visitor Comments
shimels
none
Jennifer
Is there any organizations that strongly support or oppose this bill?
Geralyn
Is there any organizations that oppose the nurse and patient safety act?
Thanks.
Trish
Why doesn't the bill directly address extended work hours required by nurses. Our hospital is requiring OR nurses to work and take call for 36 hrs straight. As I read the bill this type of patient and employee safety would not even be the subject of this bill.
Michelle
All of the major unions that represent nurses have signed on in support of this bill.
The only organizations that oppose this bill (so far) are the organizations that represent hospitals and nursing homes.
The bill does not address extended work hours because this is a bill based on the ergonimics of back injury. Much like the needlestick legislation which protects nurses from life threatening needlesticks, this bill will protect both nurses and patients from receiving devestating and life threating injuries from manual patient handling.
Mandatory overtime issues (such as what OR nurses often face) are being tackled on another front with other legislation.
This bill would create an OSHA standard, which would be enforceable. Right now, there is a "nursing home recommendation" for safe patient handling, which cannot be enforced by OSHA. Most nursing homes do not provide lifting equipment to keep their staff and their patients safe.
I hope this helps!
cheryl
I find that most facilities treat nurses as if we don't have a choice in were we work, how hard the work is, or patient safety issues. Where I work we are being cross trained without asking if you will but told you will cross train to this area. The choice is taken away from the hire nurse who might have hire to a specialty area and is not comfort work for explain peds, OB.,ED. It's a shame that managers are force to make these choices. Yes there is a shortage of nurses only because your forced to do things your not comfortable doing. The amount of orientation should be the same for every one going to the new area. Two days really is not enough for some nurses.
cheryl
I feel any thing over 12 hours is truely not safe. So why are those issues not addressed?
cheryl
What about lifting limitsyo? Do you think you can dead lift 100lbs.? That's what our employer requirs in the ED. Not to many of us can do that....
cheryl
Is there any set guide lines to nurse patient ratio? Where to you find regulations for that...??
Molli
I am the Administrator of a Skilled Nursing Facility and a member of the Washington Health Care Association. The facilities in our Association have been working for several years to create zero lift environments including rebates on equipment and ongoing staff training. Our facility's philosophy: we take care of our staff, our staff take care of our residents.
Hopey
The Health Care Field is like any other field! Most are in it for the money! Not much room for the real nurse that wants to truly give TLC to her patients!
cheryl
well it's been sometime sence I wrote last. So far things have slowed down and I think some managers realized that when push came to shove people just leave nursing altogether. stop working as nurses and even go into other jobs. To bad..
Touro
1. Is there any organizations that strongly support or oppose this bill?
2. How is the bill funded?
3. Is there supporting evidence for this bill?
Thank you!!!
mei
As a RN, I strongly support the bill because any how it helps preventing the work injuries of health care workers and promote patients' safety.