1672-S AMH GREE DYLA 133
SHB 1672 - H AMD 909
By Representative Green
WITHDRAWN 3/7/2006
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that:
(1) Patients are not at optimum levels of safety while being lifted, transferred, or repositioned manually. Mechanical lift programs can reduce skin tears suffered by patients by threefold. Nurses, thirty-eight percent of whom have previous back injuries, can drop patients if their pain thresholds are triggered.
(2) According to the bureau of labor statistics, hospitals in Washington have a nonfatal employee injury incidence rate that exceeds the rate of construction, agriculture, manufacturing, and transportation.
(3) The physical demands of the nursing profession lead many nurses to leave the profession. Research shows that the annual prevalence rate for nursing back injury is over forty percent and many nurses who suffer a back injury do not return to nursing. Considering the present nursing shortage in Washington, measures must be taken to protect nurses from disabling injury.
NEW SECTION. Sec. 2. A new section is added to chapter 70.41 RCW to read as follows:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Department" means the department of health.
(b) "Lift team" means hospital employees specially trained to conduct patient lifts, transfers, and repositioning.
(c) "No manual lift policy" means hospital protocols to replace the manual lifting, transferring, and repositioning of patients identified by the process established in subsection (3)(c) of this section with lift teams or mechanical lifting devices, engineering controls, and equipment to accomplish these tasks.
(d) "Safe patient handling" means the use of engineering controls, transfer aids, or assistive devices instead of manual lifting to perform the acts of lifting, transferring, and repositioning health care patients and residents.
(e) "Musculoskeletal disorders" means conditions that involve the nerves, tendons, muscles, and supporting structures of the body.
(2) By February 1, 2007, each hospital must establish a safe patient handling committee. At least half of the members of the safe patient handling committee shall be frontline nonmanagerial employees who provide direct care to patients.
(3) By December 1, 2007, each hospital must establish a written patient care activities program that addresses patient handling with input from the safe patient handling committee to prevent musculoskeletal disorders among health care workers and injuries to patients. As part of this program, a hospital must:
(a) Implement a no manual lift policy for all shifts and units of the hospital. Implementation of the no manual lift policy may be phased-in with the acquisition of equipment under subsection (4) of this section;
(b) Conduct a patient handling hazard assessment. This assessment should consider such variables as patient-handling tasks, types of nursing units, patient populations, and the physical environment of patient care areas;
(c) Develop a process to identify the appropriate use of the no manual lift policy based on the patient's physical and medical condition. However, in limited circumstances applying the no manual lift policy may be contraindicated for a particular patient. In these cases, hospitals must document the reasons for the exemption. The documents shall be retained by the hospital and made available for review by the safe patient handling committee and the department; and
(d) Implement and conduct an annual performance evaluation of the program to prevent musculoskeletal disorders to determine the program's effectiveness according to the reduction of musculoskeletal disorder claims and days of lost work for musculoskeletal disorder purposes and make recommendations to increase the program's effectiveness.
(e) When developing architectural plans for constructing or remodeling a hospital or a unit of a hospital in which patient handling and movement occurs, consider the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment at a later date.
(4) By January 30, 2010, each hospital must complete the acquisition of all needed equipment and train staff on policies, equipment, and devices as they are implemented and at least annually or as changes are made to the patient care activities program or type or make of equipment being used.
(5) Nothing in this section precludes lift team members from performing other duties as assigned during their shift.
(6) A hospital employee who refuses a patient care activity due to concerns about either employee or patient safety or the lack of trained lift team personnel or equipment may not, based upon the refusal, be the subject of disciplinary action by the hospital or hospital managers or employees.
NEW SECTION. Sec. 3. A new section is added to chapter 72.23 RCW to read as follows:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Department" means the department of social and health services.
(b) "Lift team" means hospital employees specially trained to conduct patient lifts, transfers, and repositioning.
(c) "No manual lift policy" means hospital protocols to replace the manual lifting, transferring, and repositioning of patients identified by the process established in subsection (3)(c) of this section with lift teams or mechanical lifting devices, engineering controls, and equipment to accomplish these tasks.
(d) "Safe patient handling" means the use of engineering controls, transfer aids, or assistive devices instead of manual lifting to perform the acts of lifting, transferring, and repositioning health care patients and residents.
(e) "Musculoskeletal disorders" means conditions that involve the nerves, tendons, muscles, and supporting structures of the body.
(2) By February 1, 2007, each hospital must establish a safe patient handling committee. At least half of the members of the safe patient handling committee shall be frontline nonmanagerial employees who provide direct care to patients.
(3) By December 1, 2007, each hospital must establish a written patient care activities program that addresses patient handling with input from the safe patient handling committee to prevent musculoskeletal disorders among health care workers and injuries to patients. As part of this program, a hospital must:
(a) Implement a no manual lift policy for all shifts and units of the hospital. Implementation of the no manual lift policy may be phased-in with the acquisition of equipment under subsection (4) of this section;
(b) Conduct a patient handling hazard assessment. This assessment should consider such variables as patient-handling tasks, types of nursing units, patient populations, and the physical environment of patient care areas;
(c) Develop a process to identify the appropriate use of the no manual lift policy based on the patient's physical and medical condition. However, in limited circumstances applying the no manual lift policy may be contraindicated for a particular patient. In these cases, hospitals must document the reasons for the exemption. The documents shall be retained by the hospital and made available for review by the safe patient handling committee and the department; and
(d) Implement and conduct an annual performance evaluation of the program to prevent musculoskeletal disorders to determine the program's effectiveness according to the reduction of musculoskeletal disorder claims and days of lost work for musculoskeletal disorder purposes and make recommendations to increase the program's effectiveness.
(e) When developing architectural plans for constructing or remodeling a hospital or a unit of a hospital in which patient handling and movement occurs, consider the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment at a later date.
(4) By January 30, 2010, each hospital must complete the acquisition of all needed equipment and train staff on policies, equipment, and devices as they are implemented and at least annually or as changes are made to the patient care activities program or type or make of equipment being used.
(5) Nothing in this section precludes lift team members from performing other duties as assigned during their shift.
(6) A hospital employee who refuses a patient care activity due to concerns about either employee or patient safety or the lack of trained lift team personnel or equipment may not, based upon the refusal, be the subject of disciplinary action by the hospital or hospital managers or employees.
NEW SECTION. Sec. 4. A new section is added to chapter 51.16 RCW to read as follows:
(1) By January 1, 2007, the department of labor and industries shall develop rules to provide a reduced workers' compensation premium for hospitals that implement a no manual lift policy, or that commit to having in place a patient care activities program and no manual lift policy, as described in sections 2 and 3 of this act. The rules shall include any requirements for obtaining the reduced premium that must be met by hospitals.
(2) The department of labor and industries shall complete an evaluation of the results of the reduced premium, including changes in claim frequency and costs, and shall report to the appropriate committees of the legislature by December 1, 2010."
Correct the title.
EFFECT: (1) Places the requirements of the bill under the authority of the Department of Health instead of the Department of Labor and Industries, except for the requirements for the three state hospitals which are placed in the chapter establishing those hospitals.
(2) Requires the Department of Labor and Industries to establish a reduced workers' compensation premium for hospitals that establish a no manual lift policy or that commit to doing so. The rate applies only for hospitals that pay into the state fund for the purpose of workers' compensation.
(3) Clarifies that implementation of the no manual lift policy may be phased-in with the acquisition of equipment.
(4) Requires all hospitals, when developing architectural plans for constructing or remodeling, to consider the feasibility of incorporating patient handling equipment or the physical space and construction design needed to incorporate that equipment at a later date.