Measure Ending Forced OT For Nurses Moves

By MEREDITH KOLODNER

The State Assembly last week passed legislation that would make it illegal for employers to force nurses to work overtime.

JOELY JOHNSON: Long hours a safety issue.

Labor leaders are optimistic about the measure's chances in the Senate, and Governor Spitzer has expressed support for the idea of limiting mandatory overtime for nurses. The bill would make an exception in case of emergencies. Nurses' unions, which have pressed the measure for more than a decade, argue that forced overtime has become a regular practice in the health-care industry, causing injuries and fatigue among nurses and endangering patients' welfare.

'Mistakes Can Happen'

"It really comes down to safety," said Joely Johnson, a spokeswoman for the New York State Nurses Association, which represents 26,000 nurses in the city and 34,000 statewide. "When nurses are forced to work extra hours and shifts, their very sharply honed skills can dull, and mistakes can happen."

Labor officials said the difference this year was the new Governor and the sense that "things can get done." Former Governor Pataki was outspoken about his opposition to the overtime limit.

KENNETH BRYNIEN: Can't keep piling on OT.

They also said that broadening the definition of "emergency" had brought more supporters on board. Previous versions of the bill restricted emergencies to events defined as such by the government. This year's bill includes catastrophic events, such as a train accident or a flu epidemic.

Takes Personal Toll

"The exemption in case of real emergencies has never been a point of contention," said Shaun Flynn, NYSNA's director for governmental affairs. "We now have a reasonable emergency definition that should satisfy the industry's concerns."

Lobbyists for hospitals and nursing homes associations have argued that the measure would drive up costs.

Mr. Flynn noted the case of a Brooklyn NYSNA member whose children were taken to a police precinct after a last-minute overtime assignment - due to staffing shortages - prevented her from picking up her children from day-care.

"Everyone has a breaking point," said Kenneth Brynien, the president of the Public Employees Federation, which has 7,000 members who are nurses. "Nurses often work multiple double shifts per week. Most often there are no emergencies, the hospital is just short. That's not right - the hospital should just hire more people."

Could Relieve Shortage

Mr. Brynien added that he had spoken with Senate Majority Leader Joseph L. Bruno, who acknowledged the importance of dealing with the problem and "sounded as hopeful as I have ever heard him" about passing the bill. Similar legislation has been passed in 11 other states and is pending in more than a dozen others.

President Richard C. Iannuzzi of the New York State United Teachers, which represents more than 5,000 nurses, called the bill "the most critical health-care legislation to come by in a very long time," since it addresses both working conditions and the quality of patient care. Both he and Mr. Brynien asserted that the bill would help deal with the nursing shortage in the state by attracting back nurses who had left direct care because of the working conditions.

"There are thousands of nurses actually waiting to see if this administration does the right thing," said Mr. Brynien, "and if it does, there will be a lot of grateful people."