GOVERNOR PATERSON ANNOUNCES AGREEMENT ON BILL TO BAN MANDATORY OVERTIME IN HOSPITALS AND OTHER HEALTH CARE FACILITIES

New Law Will Enhance Patient Care; Aid in Increasing Nurse Recruitment

Governor David A. Paterson late yesterday announced an agreement with the Legislature on a bill to ban mandatory overtime for nurses in hospitals and other health care facilities, including those operated by the State.

“By prohibiting mandatory overtime, this bill will help increase the quality of care nurses are able to provide to patients,” said Governor Paterson. “Additionally, the legislation will allow our facilities to retain and recruit a vital nursing workforce.”

In particular, the legislation will prohibit health care facilities from requiring nurses to work more than their regularly scheduled work hours, but does not place a specific cap on the number of hours that can be worked per day or week. The bill contains exceptions to the mandatory overtime prohibition for the following situations:

Natural or other types of disasters that increase the need for nursing services,
A federal, state or county declaration of emergency,
A nurse engaged in an ongoing medical or surgical procedure,
When necessary to provide safe patient care where no other alternative staffing is available; and
A nurse voluntarily agrees to work overtime.

The bill takes effect in one year, giving health care employers, including State facilities, time to plan for implementation by increasing recruitment efforts, advancing flexible work schedules, and obtaining contracts for temporary services.

Senate Majority Leader Joseph L. Bruno said: “This bill will improve and enhance the nursing and health care professions in New York State and provide better quality care to patients throughout the State. I’d like to commend Senators Tom Morahan and Joe Robach, as well as my colleagues in the Assembly and the Governor for their hard work and partnership on this issue.”

Senator Tom Morahan, Senate sponsor of the legislation, said: “New York State’s nurses play a critically important role in the care and recovery of their patients, but unfortunately nurses are faced with unique challenges. There is a huge shortage of nurses, which leads to long shifts, little rest, and sometimes unsafe work conditions. Mandatory overtime makes an already challenging profession even more difficult. This bill will improve the health care environment for patients and the working environment for nurses and their families.”

Senator Joe Robach, Chair of the Senate Labor Committee, said: “Nurses work in a demanding and stressful environment, where quick and proper decision making is critically important to a patient’s well-being. Mandatory overtime forces nurses to work long hours with little rest, potentially compromising the quality of care in our health care facilities. This bill will improve working conditions for our health care professionals and ensure good, quality care for all New Yorkers.”

Senate Minority Leader Malcolm A. Smith said: “It is clear that nurses in New York State are one of our most valuable assets. Mandatory overtime is not good for nurses, and it's not good for patients. We need to ensure that nurses have the best working conditions. This bill will ensure the safety of patients and of staff. I have been a strong supporter of a ban on mandatory overtime. I thank Governor David Paterson for his leader in reaching a resolution on this important issue.”

State Senator George Onorato, the ranking Minority Member on the Senate Labor Committee said: “This new law will be a great step forward in helping to ensure continued quality health care for patients in state-operated hospitals and other facilities. Not only will it help to ensure that nurses in these facilities aren't forced to work more hours than they should, but it will aid in addressing New York's nursing shortage. In short, this law is good news for our state's dedicated and talented nursing professionals, and it is good news for the patients who depend on them for skilled, compassionate care.”

Assembly Speaker Sheldon Silver said: “The Assembly Majority has a long tradition of fighting for health-care safety, particularly when it comes to protecting our nurses. New York State nurses are overburdened, overworked, overstressed, overextended, under paid, under appreciated, under staffed and all too often under siege. We must guarantee that our nurses are not over worked to the point where fatigue detracts from patient care. We will continue to work together to ensure our dedicated nurses are able to give the best care possible for patients across New York.”

Assembly Member Susan John, Assembly Labor Committee Chair, said: “New York State nurses continue to provide high quality care even as they are often forced to skip meals, breaks and sacrifice their own health for the care of the patient. When nurses are forced to work beyond regularly scheduled shifts, to the point of physical and mental exhaustion, they put themselves at risk to provide knowledgeable care to their patients. This is a great step in protecting our nurses, our patients, and the future of healthcare facilities.”

Assembly Member Aileen Gunther said: “Nurses work in a demanding, stressful environment where proper decision making is a critical function of the job. We cannot attract the professionals we need, and we cannot give patients the kind of quality care they deserve when we have exhausted nurses working well past reasonable limits. The passage of this legislation will lift the unfair burden that has been placed on nurses and provide better care for patients who deserve the best care possible.”

Assembly Minority Leader Jim Tedisco said: “Without question, New York's dedicated, hard-working nurses are the backbone of our health care system. However, that system is not perfect: it needs the kinds of comprehensive reforms that will further help nurses help their patients. One of those reforms is ending mandatory overtime, an oppressive mandate that puts an unnecessary strain on nurses, their families and can interfere with the provision of quality care. I applaud Governor Paterson and my legislative colleagues for this bi-partisan effort that has made mandatory overtime for nurses at state-run hospitals a thing of the past. More work remains, but this announcement is a good start and truly welcome news.”

Assembly Member Tom Alfano, Ranking Republican Member on the Assembly Labor Committee, said: “I am pleased that Governor Paterson has supported this effort to end mandatory overtime for nurses as it will lead to better patient care, administered in a more efficient manner. Nurses are the unsung heroes of health care and are fully deserving of our continued appreciation, respect and support. Banning mandatory overtime required of nurses in state-operated hospitals and health care facilities is an important and laudable first step.”

Tina Gerardi, Registered Nurse and Chief Executive Officer of the New York State Nurses Association, said: “This will be landmark legislation for both nurses and patients. An end to mandatory overtime will ensure that nurses are not forced to work beyond the point where they can provide safe patient care. It also will reduce job-related stress for nurses, making it more likely that they will stay in the workforce.”

George Gresham, President of 1199 SEIU United Healthcare Workers East said: “This bill is a tremendous victory for healthcare workers all across New York State. We applaud the State Legislature for their fortitude and commitment to this critical issue. On behalf of all 1199 caregivers, we’d like to extend our thanks and appreciation to Governor David Paterson, Majority Leader Joe Bruno and Speaker Sheldon Silver as well as the bill’s lead sponsors, Senator Thomas Morahan and Assembly Member Susan John.”

Denis Hughes, President New York State AFL-CIO, said: “The New York State AFL-CIO is extremely grateful to Governor Paterson, Senate Majority Leader Bruno and Assembly Speaker Silver for their leadership on this most important issue. We have always viewed the elimination of mandatory overtime as an issue of workplace safety and fairness, as well as a means to protect the health and well-being of nurses and the patients they treat. This agreement goes a long way toward allowing nurses throughout this state to meet the high professional standards they set for themselves, while ensuring top-notch care and treatment for their patients.”

Ken Brynien, President of the New York State Public Employees Federation (PEF) said: “We are pleased the Governor and leaders of the Senate and Assembly recognize the danger mandatory overtime poses to patient safety and have taken steps to address the problem. It is clear state leaders understand the role mandatory overtime played in the nursing shortage across New York State. Ending mandatory overtime will help recruit and retain nurses, which is an essential step toward ending the nursing crisis and improving patient safety.”

Richard C. Iannuzzi, President of the New York State United Teachers, said: “Ending mandatory overtime begins a new era of quality care in New York. Patients will continue to be served by great staff and our nurses will have the dignity and professional respect they deserve. We salute our state leaders for addressing this critical issue for nurses and their families, and those who depend on their care.”

Danny Donohue President of CSEA said: “The legislation protects nurses, protects patients and goes a long way toward alleviating a chronic problem at health care facilities across New York State.”