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THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.1102
Session of 2001
INTRODUCED BY TARTAGLIONE, MUSTO, COSTA, SCHWARTZ,
WOZNIAK,
LAVALLE, FUMO, STACK, KUKOVICH, MELLOW, WILLIAMS, HUGHES AND
BOSCOLA, OCTOBER 9, 2001
REFERRED TO LABOR AND INDUSTRY, OCTOBER 9, 2001
AN ACT
1 Prohibiting mandatory overtime and excessive duty hours of
2 health care
workers.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as
follows:
5 Section 1. Short title.
6 This act shall be known and
may be cited as the Restricted
7 Overtime for Health Care Workers Act.
8 Section 2.
Definitions.
9 The following words and phrases when used in this act shall
10
have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Declared state of emergency." An officially designated
13 state of emergency that has been declared by a
Federal, State or
14 local government official having authority to declare that the
15 State, county,
municipality or locality is in a state of
16 emergency. The term does not include a state of emergency which
17 results from a labor dispute in the health care industry.
page 2 . . . . 1 "Department." The Department of Health of the Commonwealth.
2 "Employee." A nonsupervisory individual employed by a health
3 care facility who receives an hourly wage
or is classified as a
4 nonsupervisory employee for collective bargaining purposes.
5 "Health care facility." A facility licensed by either the
6 Department of Health or the Department of
Corrections.
7 "Nursing care." Care which falls within the scope of
8 practice set forth in the applicable nurse practice act or
9 otherwise encompasses recognized professional standards of
10 nursing practice.
11 "Off-duty." An individual that has no restrictions placed on
12 his or her whereabouts and is free of all restraint or duty on
13 behalf of the health care facility.
14 "On-duty." An individual that is required to be available
15 and ready to perform services on request within
or on behalf of
16 the health care facility and includes any rest periods or breaks
17 during which the
individual's ability to leave the health care
18 facility is restricted either expressly or by work-related
19 circumstances beyond the individual's control.
20 Section 3. Prohibition.
21 (a) Mandatory overtime.--
22 (1) Notwithstanding any other provision of
law to the
23 contrary and subject only to the exceptions included in this
24 section, a health care facility may not mandate or otherwise
25 require, directly or indirectly, an employee
to work or be in
26 on-duty status in excess of any one of the following:
27 (i) the regularly scheduled work shift or duty
28 period;
29 (ii) twelve hours
in a 24-hour period; or
30 (iii) eighty hours in 14 consecutive-day period.
page 3 . . . . 1 (2) As used in this act, the term "mandatory" or
2 "mandate" means any request which if refused or declined by
3 the employee may result in discharge, discipline, loss of
4 promotion or other adverse employment
consequence.
5 (3) Nothing in this subsection is intended to prohibit
6 an employee from voluntarily working overtime.
7 (b) Maximum hours.--
8 (1) No employee may work or be in on-duty status more
9 than 16 hours in
any 24-hour period.
10 (2) Any employee working 16 hours in any 24-hour period
11 must have at least eight consecutive hours off duty before
12 being required to return to duty.
13 (3) No employee may be required to work or be on duty
14 more than seven consecutive days without at least one
15 consecutive 24-hour period off duty within that
time.
16 Section 4. Exceptions.
17 (a) Declared state of emergency.--
18 (1) During a declared state of emergency in which a
19 health care facility is requested or otherwise reasonably may
20 be expected to provide an exceptional level
of emergency or
21 other medical services to the community, the mandatory
22 overtime prohibition in section 3(a) shall be lifted to the
23 following extent:
24 (i) Employees may be required to work or be on duty
25 up to the maximum hour limitations set forth in section
26
3(b) provided the health care facility has taken the
27 steps set forth in this section.
28 (ii) Prior to requiring any employee to work
29 mandatory overtime, the health care facility must make
30 reasonable efforts to fill its immediate staffing needs
page 4 . . . . 1 through alternative efforts, including requesting off-
2 duty staff to voluntarily report to work, requesting on-
3 duty staff to volunteer for overtime hours and recruiting
4 per diem to report to work.
5
(iii) This exemption shall not exceed the duration
6 of the declared state of emergency or the
health care
7 facility's direct role in responding to medical needs
8 resulting from the declared state of emergency, whichever
9 is less.
10 (2) During a declared state of emergency in
which a
11 health care facility is requested to provide an exceptional
12 level of emergency or other medical services to the
13 community, the maximum hours limitation in section
3(b) shall
14 be lifted to the following extent:
15 (i) Employees may work or remain on duty for more
16 than the maximum hour limitations set forth in section
17
3(b) provided:
18 (A) The decision to work the additional
time is
19 voluntarily made by the individual employee affected.
20 (B) The employee is given at least one
21 uninterrupted four-hour rest period before the
22 completion of the first 16 hours of duty and an
23 uninterrupted eight-hour rest period at the
24 completion of 24 hours of duty.
25 (C) No employee may work or remain on duty for
26 more than 24 consecutive hours in a 72-hour period.
27 (D) An employee who has been on duty for more
28 than 16 hours in a 24-hour period who informs the
29 health care facility that he or she needs immediate
30 rest must be relieved from duty as soon thereafter as
page 5 . . . . 1 possible consistent with patient safety needs and
2 given at least eight hours uninterrupted hours off
3 duty before being required to return for duty.
4 (ii) As used in this act, "rest period" means a
5 period in which an individual may be required to remain
6 on the premises of the health care facility but is free
7 of all restraint or duty or responsibility for work or
8 duty should the occasion arise.
9 (iii) This exemption shall not exceed the duration
10 of the declared state of emergency or the health care
11
facility's direct role in responding to medical needs
12 resulting from the declared state of emergency,
whichever
13 is less.
14 (b)
Penalty.--Any employer who violates or fails to comply
15 with any of the provisions of this act is liable to the employee
16 affected for an amount equal to eight times the employee's
17 regular hourly wage less any amount actually paid to the
18 employee by the employer.
19 Section 5. Effective date.
20 This act shall take effect in 120 days. |
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