Relates to limiting the work week of direct care workers

BILL NUMBER:S5716A

Title of bill

An act to amend the mental hygiene law, in relation to limiting the work week and double shifts of employees

Purpose or general idea of bill

This bill would ensure the safety of individuals with developmental disabilities who receive treatment from the Office of Mental Health (OMH), the Office of Persons with Developmental Disabilities (OPWDD), and the Office of Alcoholism and Substance Abuse Services (OASAS) by limiting the number of hours that employees at OMH, OPWDD, and OASAS facilities can work.

Summary of specific provisions

Section 1 amends Section 5.05 of the mental hygiene law by adding a new subdivision (e) which directs the commissioners of OMH, OPWDD, and OASAS to establish regulations that limit the work week for all employees of such offices to 60 hour. This amendment also requires the commissioners to establish regulations to prevent employees from working consecutive double shifts and from working more than two double shifts within a consecutive seven day work week.

Justification

Advocates for persons receiving services in the OMH, OPWDD, and OASAS systems have expressed concern that employees in OMH, OPWDD, and OASAS facilities are permitted to work an excessive amount of overtime, particularly "double shifts." There is a great deal of concern about an employee's ability to function and respond properly to various situations they may be presented with during their shift if they have been working excessive hours.

This piece of legislation is not only intended to provide for the safety of persons with developmental disabilities receiving care, but for the care givers as well. Working long hours With little or no rest in between shifts, is detrimental to an employee's physical and mental health. The negative impacts of excessive work hours without a break have been recognized in a number of other areas, particularly healthcare where, for example, restrictions have been placed on the number of consecutive hours a physician intern can work without an off period. In response to this concern, this legislation would limit the number of "double shifts" and the overall hours an employee in an OMH, OPWDD, or OASAS facility can work without a break.

Prior legislative history

New legislation.

Fiscal implications

None Noted.

Effective date

This act shall take effect on the 60th day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.