Senate Bill S5716A

                                BILL NUMBER:S5716

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 13.19 of the
mental hygiene law by adding a new subdivision (f) 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 90th 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.