Massachusetts Nurses Association Pushes Bills to Impose Staffing Ratios and Ban Mandatory Overtime

On January 19, 2011, the Massachusetts Nurses Association (MNA) held a press conference to announce its goals of seeing the Patient Safety Act re-filed and a new state bill filed to ban mandatory overtime in hospitals.  The MNA, a founding member of National Nurses United (NNU), is calling on Massachusetts legislators to sponsor and ultimately pass these bills.

This is not the first time the MNA has sought legislated staffing ratios.  Last session, the MNA unsuccessfully advocated for passage of the Patient Safety Act, which proposed tasking the Massachusetts Department of Public Health (DPH) with setting patient ratios after reviewing studies and holding public hearings.  The Patient Safety Act also proposed that the DPH develop a standardized patient acuity system to govern any adjustments to the staffing ratios.  The MNA announced at the press conference that it plans to re-file the Patient Safety Act this week.

The MNA also announced its plan to push the Massachusetts Legislature to file and pass “An Act Protecting Patients from Preventable Medical Errors by Prohibiting Mandatory Overtime.”  This bill would ban hospitals from  requiring or permitting nurses and other hospital workers to work more than 12 hours in any given shift or in excess of 16 hours in a 24-hour period, unless there is a declared state or national emergency.  In addition, the bill would require hospitals to give nurses who work 12 consecutive hours in a shift at least 8 hours off from work between shifts.

The NNU has been actively pushing for “safe staffing” ratios through legislative initiatives and labor actions across the nation.  In May 2010, the NNU initiated its push for federal legislation that would require health care employers to implement ratios similar to those in California and to require those same employers to hire more nurses.  NNU members also engaged in jobs actions and strike activity in California, Minnesota, Pennsylvania and Washington D.C.  Labor attorneys anticipate that the NNU’s legislative efforts and jobs actions will continue in 2011.

This entry was written by Carie Torrence.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.