Takes Effect Next July: Governor Enacts Ban On Mandatory OT for Nurses
By TOMMY HALLISSEY
Governor Paterson has signed a bill into law to ban mandatory overtime for nurses in hospitals and other health-care facilities statewide.

GOVERNOR PATERSON: No benefit to overworking staff.

Mr. Paterson proclaimed the measure as a way to significantly decrease the risk of serious, preventable medical errors committed by fatigued and overworked nurses. The law will prohibit health-care facilities from requiring nurses to work more than their regularly scheduled work hours, but does not limit the number of hours worked in case of an emergency.

'Improves Quality of Care'

"By prohibiting mandatory overtime, New York State's hospitals and health-care facilities will be able to provide a greater quality of care to its patients," said Governor Paterson. "Additionally, this legislation will allow our facilities to retain and recruit a vital nursing workforce, which is necessary to maintain the high standard of health care that New York provides."

New York State Nurses Association Chief Executive Officer Tina Gerardi said, "We have fought for this legislation for more than eight years. Our members across the state have told us that employer-mandated overtime is endangering their patients and their own health. This is a landmark measure for both patients and nurses."

TINA GERARDI: 'A landmark measure.'

Nancy Weber, a spokeswoman for the association, said NYSNA began lobbying for the legislation in 2000 because its members were protesting excessive overtime. "There was no law to prevent employers forcing nurses to work 12- or 14-hour days," she said. "It was a safety issue."

Nurses can still work overtime voluntarily, and can be ordered to do so in the event of a natural disaster, declaration of emergency, an ongoing medical procedure or patient necessity.

'Used OT to Fill Holes'

"The problem was that employers would utilize [the mandatory overtime] to fill holes in the schedule," said Ms. Weber. Instead of fully staffing hospitals, facilities would force nurses to work harder, she said.

A State Education Department research report from 2002 found that 16 percent of New York nurses reported their overtime was always mandatory. "It's not overwhelming, but we think it is a significant number," Ms. Weber said.

KENNETH BRYNIEN: 'May help alleviate shortage.'

The overtime law will take effect July 1, 2009 in order to give health-care employers time to add nursing staff where needed. The Governor's office said the first-year cost of the legislation — about $8 million in 2009-2010 — would be offset by decreases in overtime pay.

Public Employees Federation President Kenneth Brynien said, "We salute the Governor for delivering on his promise to sign this bill which offers the first real hope for alleviating the shortage of nurses in our hospitals and other health-care institutions throughout New York State."

'State Has Seen the Light'

New York is the 10th state to adopt similar legislation. "New York now joins the ranks of other enlightened states that have recognized the level of care improves when the nurses and other care-givers are not forced to work long hours beyond their regular workdays," said Mr. Brynien.

At a time when nurses across the country are in short supply, Mr. Brynien said, "By putting realistic restraints on employers [who] force nurses to work double or even triple shifts, this law will relieve the terrible strain on nurses and their families, and it will ensure patients have the quality of care they need. We strongly believe this will open the door for many nurses who left their profession feeling burned-out and exhausted to return with fresh enthusiasm and vigor for their chosen vocation."

Ms. Weber said the legislation would not extend to home-care aides, some of whom are represented by NYSNA. "We consider that unfinished business," she said. "When we get more experience with the law and how it functions, the home nurses will be addressed."