REPORT: June 2006

Fight continues for a ban on mandatory overtime

by Nancy Webber

As the weather grew warmer, lobbying efforts continued for the passage of a law that would prohibit employers from forcing nurses to work overtime.

NYSNA member speaks at hearing

When the State Assembly Labor and Health committees held a joint hearing in New York City on May 18, NYSNA was there. Windelina Tirona, a clinical care nurse at Cabrini Medical Center, delivered testimony on behalf of the association.

“When nurses are forced to work beyond their regularly scheduled shifts, to the point of physical and mental exhaustion, they are no longer able to provide competent care,” Tirona said. “We are caught in a dilemma. If we stay on the unit, we are violating our ethical code, putting patients at risk, and putting ourselves at risk for legal action if an untoward event occurs. If we refuse to work overtime, our employers can charge us with patient abandonment.”

“Mandatory overtime is not employed only in unexpected emergencies,” she continued. “According to hospitals surveyed by the Greater New York Hospital Association, 95% of respondents reported using overtime as a supplemental nurse staffing strategy.”

Tirona told the lawmakers that mandatory overtime is risky for both patients and nurses. Exhausted nurses are more likely to make errors and also are more likely to become ill themselves.

Postcards urge action

In early June, NYSNA sent postcards to all members reminding them to urge their legislators to pass the mandatory overtime bill.

“This is an issue that really energizes NYSNA members,” said Shaun Flynn, associate director of the Nursing Information and Advocacy (NAI) Program. “Grass roots lobbying, especially during this election year, will have an effect.”

Flynn said NYSNA lobbyists send a regular “legislative alert” to every lawmaker’s office. “We’re not going to let them forget about the importance of this bill to nurses,” he said.

He said NYSNA is also actively lobbying for a measure that would protect the title “nurse,” allowing only RNs and LPNs to be called nurses. This bill has already passed the State Senate and was in the Assembly Higher Education Committee when Report went to press.