Relates to limiting the work week of direct care workers

1 Co-sponsor

• Tony Avella

BILL NUMBER:S5281A

Title of bill

An act to amend the mental hygiene law, in relation to limiting the work week of direct care workers

Purpose or general idea of bill

This bill would ensure the safety of individuals with developmental disabilities who receive residential treatment from the Office of Persons with Develop-mental Disabilities (OPWDD) and from the Office of Mental Health (OMH) by limiting the number of hours that direct care workers are required work.

Summary of specific provisions

Section 1 amends Section 13.19 of the mental hygiene law by adding a new subdivision (e) which limits the amount of hours a direct care worker at an OPWDD facility is required to work to 60 hours.

Section 2 amends section 7.07 of the mental hygiene law by adding a new subdivision (g) which limits the amount of hours a direct care worker at an OMH facility is required to work to 60 hours.

Justification

Advocates for persons receiving services from OPWDD and OMH have expressed concern that employees in residential facilities are permitted to work an excessive amount of overtime. 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 beer, 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 overall hours an employee is required to work in a facility.

Prior legislative history

2011/12 - A8127A-Passed the Assembly in 2011-Reported to ways and means 2012; S.5716-A - reported to Finance

Fiscal impact

None to the state.

Effective date

This act shall take effect on the ninetieth 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.