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On March 5, Sen. Jeff Merkley (D-Ore.), Reps. Doris Matsui (D-Calif.), and Jen Kiggans (R-Va.) introduced the Nurse Overtime and Patient Safety Act, a bipartisan bill aimed at fortifying federal protections for nurses. When hospitals are faced with staffing-related challenges, they often mandate that nurses work beyond their scheduled shifts, which jeopardizes both their well-being and the safety of the patients under their care. This legislation seeks to end the use of this tactic.
Although regulations limiting work hours have existed in various sectors like aviation and trucking for decades, Merkley noted that the healthcare industry has been slower to implement such policies, particularly regarding mandatory overtime for nurses.
“Nurses are the backbone of our healthcare system. As the husband of a nurse, I know these heroes give so much for the well-being of their patients,” said Merkley in introducing the measure. “We know the dangers of truck drivers or pilots working too many hours in a row and the unacceptable risks it poses for their job performance; nurses are no different. Tired nurses are at risk for making dangerous patient care errors.”
Currently, 18 states, including Connecticut, have taken steps to restrict mandatory overtime for nurses. Members of AFT Connecticut—through collective bargaining and lobbying their state legislators—have achieved safe staffing legislation that includes restrictions on mandatory overtime as part of their multiyear Code Red campaign.
The issue of mandatory overtime was the No. 1 reason that Andrea Riley saw a mass exodus of nurses at Windham Hospital in Willimantic, Conn., where her local, the Windham Federation of Professional Nurses, represents nearly 100 registered nurses. “When we negotiate our contracts, wages and benefits are usually a big deal, but mandatory overtime trumped those issues in our bargaining. In our contract, management was supposed to come to leadership—before mandating a nurse [to work overtime]—to find a solution to avoid the mandate, but that just wasn't happening,” she says.
That’s why the nurses took to the picket lines over the practice more than a year ago. Riley criticizes the use of mandatory overtime by hospitals and corporations to fill staffing holes, emphasizing that it should never be a daily practice. Riley notes that Connecticut's recently passed safe staffing legislation gives nurses a stronger voice in staffing committees, which is a crucial step forward. She adds that any federal legislation that will support nurses, doctors, patient care technicians, certified nursing assistants and other ancillary staff at the bedside is also a step in the right direction. “For far too long, the concerns of the nurse, the doctor, and the ancillary staff have been ignored. So, the more nurses speak up, the more doctors speak up, the more CNAs and patient care technicians speak up, the more we will get, and the more we will effect change.”
Sherri Dayton, president of the Backus Federation of Nurses at Backus Hospital in Norwich, Conn., emphasizes the need for federal legislation, pointing out the challenges healthcare professionals face in enforcing existing laws. The proposed legislation aims to address this by imposing civil penalties on healthcare facilities for violations, ensuring the development and distribution of policies, and protecting nurses' rights through whistleblower provisions.
Dayton acknowledges the uphill battle against well-funded hospital associations and lobbyists but stresses the importance of federal legislation with enforceable policies. She highlights the need for strong language in contracts and laws to eliminate potential loopholes and vigilant oversight and penalties that genuinely impact healthcare providers' bottom line.
Many facilities have no problem breaking the law, especially if they feel like they're not going to get caught, or if they do get caught and all they get is a slap on the wrist, says Dayton. The question is, “Does it hurt their PR enough to make them care, or does it hurt their pocketbook enough?”
Even while celebrating the progress made in Connecticut, Dayton points out the ongoing fight against corporate interests. While federal legislation would add substantial pressure, she emphasizes the importance of staying vigilant and being proactive: “We would not have been able to get this legislation passed if AFT Connecticut had not put a lot of time and effort into getting union people to run for office, and getting out the vote to get them elected.”
As the struggle continues, Dayton expresses pride in her union’s accomplishments and a commitment to pushing forward, ensuring that healthcare professionals are at the forefront of positive change. “There's always going to be a fight, but it feels good to have some wins,” she says. “And I think we have to celebrate those wins. But we can't forget that the fight goes on.”
[Adrienne Coles]