Connecticut is 10th State to Limit Mandatory Overtime
Legislation was signed into law on May 19, 2004 that will place limits on
overtime in hospitals for nurses and require the Commissioner of Public
Health to adopt regulations establishing minimum nurse-to-patient
ratios.
Summary of enacted legislation/regulations on mandatory overtime
Mandatory overtime is a difficult problem for RNs and health care
facilities. Because of inadequate RN staffing, employers have used
mandatory overtime to staff facilities often as a cost savings factor.
Nurses are concerned about the health effects of long term overtime and
the quality of care being provided.
As part of the American Nurses Association's (ANA) Nationwide State
Legislative Agenda on the nurse staffing crisis, State Nurses
Associations are pushing for the enactment of mandatory overtime
legislation in state legislatures and regulatory agencies. So far this
year, two states have enacted legislation/ regulation addressing
mandatory overtime. ANA is also actively supporting the enactment of
the federal mandatory overtime legislation, The Safe Nursing and Patient
Care Act (HR 745/S 373.)
In 2004, WV enacted legislation prohibiting a hospital from mandating a
nurse to accept an assignment of overtime. The commissioner of labor is
charged with the enforcement of the law and shall administer a penalty
for any violations. CT enacted legislation prohibits a hospital from
requiring a nurse to work in excess of a predetermined scheduled work
shift except in certain circumstances such as participating in a
surgical procedure until the procedure is completed, public health
emergency etc. Legislation was also introduced in FL, GA, HI, IA, IL,
MA, MI, MO, NY, OH, PA, RI, TN, VT, and WA.
In 2003, three states, LA, NV and WV, enacted legislation requiring the
establishment of study committees to further explore the issue. 22
other states introduced prohibition of mandatory overtime
legislation/regulation designed to set maximum hours of work per
day/week with protected right of refusal for work time requested in
excess of predetermined maximums.
In 2002, the following states created laws to have an impact on this
important issue: MD law states that an employer may not require a nurse
to work more than the regularly scheduled hours according the
predetermined work schedule. There are some exceptions including an
emergency situation that could not be reasonably anticipated and if a
nurse has critical skills and expertise that are required for the work.
MN law prohibits action against a nurse who refuses mandatory
overtime because it would jeopardize patient safety. NJ enacted
legislation prevents a health care facility from requiring an employee
to work in excess of an agreed to, predetermined and regularly scheduled
daily work shift, not to exceed 40 hours per week. TX regulations
require hospitals to develop policy and procedures for mandatory
overtime. WA's new language states that acceptance of mandatory overtime
by a nurse is strictly voluntary and refusal is not grounds for adverse
actions against the nurse.
Legislation enacted in 2001 in ME would prevent a nurse from being
disciplined for refusing to work more than 12 consecutive hours except
in certain circumstances and must be given 10 consecutive hours off
following overtime. OR enacted legislation prevents a nurse from being
required to work more than 2 hours beyond a regularly scheduled shift or
16 hours in a 24 hour time period. Regulations adopted in CA prior to
2001 prevent an employee scheduled to work a 12 hour shift from working
more than 12 hours in a 24 hour period except in a health care
emergency.
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