Sen. Al Franken (D-Minn.) has introduced the Nurse and Health Care Worker Protection Act of 2009 (S. 1788), legislation that would direct the Secretary of Labor to issue an occupational safety and health standard on safe patient handling and injury prevention, and require health facilities to implement safe patient handling plans consistent with the rule.  A companion bill (H.R. 2381) was introduced in the House of Representatives on May 13 of this year.

Specifically, the bill would require the Occupational Safety and Health Administration (OSHA) to develop a safe patient handling and injury prevention standard within one year of the bill’s enactment. This standard would require the use of lift equipment to move patients except in cases which would compromise patient care. A final rule would be issued within 2 years of the enactment date. The standard would impose a number of requirements on health care employers. According to the bill’s provisions, all health care employers must, among other things:

• Develop and implement a safe patient and injury prevention plan within 6 months of the final rule’s publication. Such a plan must include hazard identification, risk assessments, and control measures in relation to patient care duties and patient handling.
• Purchase, use, maintain, and have accessible an adequate number of safe lift mechanical devices not later than 2 years after the issuance of the final regulation.
• Obtain input from direct-care registered nurses, health care workers, and employee representatives of direct-care registered nurses and health care workers in developing and implementing the safe patient handling and injury prevention plan, including the purchase of equipment.
• Establish and maintain a data system that tracks and analyzes trends in injuries relating to the application of the safe patient handling and injury prevention standard and to make such data and analyses available to employees and employee representatives.
• Document each instance when safe patient handling equipment was not used due to legitimate concerns about patient care and generate a written report in each such instance. These reports must be made available to OSHA compliance officers, workers, and employee representatives within one business day.
• Train nurses and other health care workers on the new safety standard at least once a year.

The legislation includes whistleblower protections and a means for bringing a lawsuit in federal court if an employee is discharged, discriminated, or retaliated against in violation of the act. A prevailing health care worker in such a suit would be entitled to attorneys’ fees and court costs, among other damages.

For health care employers that cannot afford to purchase the necessary safe handling equipment, the bill directs the Department of Health and Human Services to administer a $200 million grant program to cover such costs for eligible facilities.

This bill has been referred to the Senate Committee on Health, Education, Labor and Pensions.