New Law Requires Healthcare Employers to Adopt Measures for Safe Handling of Patients
The post below was authored by Nossaman attorney, George Joseph, who specializes in complex business litigation with emphasis in healthcare and employment law.
Effective January 1, 2012, California Labor Code Section 6403.5 will require that employers operating healthcare facilities adopt various measures designed to reduce injuries incurred by employees who move patients. Requirements include a safe patient handling policy, increased use of powered patient lifting devices, assignment of employees to "lift teams," and appropriate employee training. Employers are also prohibited from retaliating against employees who raise concerns about safe patient handling. A summary of the key provisions of this new law follows.
Background
- California Occupational Safety and Health Act of 1973 created the Division of Occupational Safety and Health ("Cal/OSHA"), which "protects workers and the public from safety hazards."
- Cal/OSHA currently requires that virtually every employer in California create and implement an Injury and Illness Prevention Program ("IIPP") to improve workplace safety and health. Requirements vary depending on industry.
- Injuries to healthcare workers from patient handling (lifting) have been a persistent problem – 36,130 occupational musculoskeletal disorder cases among healthcare workers in 2008.
The Legislation
- On October 7, 2011, Gov. Brown signed into law AB 1136, "The Hospital Patient and Healthcare Worker Injury Protection Act," which adds Labor Code Section 6403.5. This new law becomes effective January 1, 2012.
- LC 6403.5 imposes new requirements on employers operating healthcare facilities regarding the safe handling of patients.
