Relates to restrictions on consecutive hours of work for nurses in the office of children and family services.
- Jan 9, 2013: REFERRED TO LABOR
BILL NUMBER:S121 TITLE OF BILL: An act to amend the labor law, in relation to restrictions on consecutive hours of work for nurses in the office of children and family services SUMMARY OF SPECIFIC PROVISIONS: Section 1: of the bill amends Section 167 of the labor law to add facilities licensed or operated pursuant to Article 19-G of the Executive Law to the definition of Employer. Section 2: of the bill sets forth the effective date. JUSTIFICATION: Unlike their counterparts in other health care settings such as hospitals, correctional facilities, and mental health hospitals, nurses in facilities operated by the Office of Children and Family Services (OCFS) are not covered by legislation enacted in 2008 limiting mandatory overtime. Aside from the personal and family hardships created by being forced to work extra hours, quality of care is jeopardized by mandatory overtime. When nurses are exhausted by long hours and little rest time there is an increased risk of medical errors that can harm a patient's health or well being. The work performed by nurses in OCFS is no less strenuous or demanding than the work of nurses currently covered, and their exclusion has the potential to put the youth they serve at risk. PRIOR LEGISLATIVE HISTORY: 2011-12: S.4821 FISCAL IMPLICATIONS: The use of overtime to address staffing needs has resulted in increased overtime costs. This bill should result in additional new entry level hires at more favorable cost. EFFECTIVE DATE: This act shall take effect 90 days after it shall have become law.
S T A T E O F N E W Y O R K ________________________________________________________________________ 121 2013-2014 Regular Sessions I N SENATE (PREFILED) January 9, 2013 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to restrictions on consec- utive hours of work for nurses in the office of children and family services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 1 of section 167 of the labor law, as added by chapter 493 of the laws of 2008, is amended to read as follows:
a. "Health care employer" shall mean any individual, partnership, association, corporation, limited liability company or any person or group of persons acting directly or indirectly on behalf of or in the interest of the employer, which provides health care services (i) in a facility licensed or operated pursuant to article twenty-eight of the public health law, including any facility operated by the state, a poli- tical subdivision or a public corporation as defined by section sixty- six of the general construction law, or (ii) in a facility operated by the state, a political subdivision or a public corporation as defined by section sixty-six of the general construction law, operated or licensed pursuant to the mental hygiene law, the education law, ARTICLE NINE- TEEN-G OF THE EXECUTIVE LAW or the correction law. S 2. This act shall take effect on the ninetieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00329-01-3