senate Bill S5716A

2011-2012 Legislative Session

Relates to limiting the work week of direct care workers

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2012 reported and committed to finance
Jan 04, 2012 referred to mental health and developmental disabilities
Jun 17, 2011 print number 5716a
amend (t) and recommit to rules
Jun 13, 2011 referred to rules

Votes

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May 15, 2012 - Mental Health and Developmental Disabilities committee Vote

S5716A
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: May 15, 2012

aye wr (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S5716 - Bill Details

See Assembly Version of this Bill:
A8127A
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.19, Ment Hyg L

S5716 - Bill Texts

view summary

Relates to limiting the work week of direct care workers.

view sponsor memo
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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5716

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 13, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 5.05 of the mental hygiene law is amended by adding
a new subdivision (e) to read as follows:
  (E)  THE  COMMISSIONER  OF MENTAL HEALTH, THE COMMISSIONER OF DEVELOP-
MENTAL DISABILITIES AND THE COMMISSIONER  OF  ALCOHOLISM  AND  SUBSTANCE
ABUSE  SERVICES  SHALL  ESTABLISH REGULATIONS TO LIMIT THE WORK WEEK FOR
ALL EMPLOYEES OF SUCH  OFFICES,  INCLUDING  EMPLOYEES  OF  PROVIDERS  OF
SERVICES FOR SUCH OFFICES AS DEFINED IN SUBDIVISION FIVE OF SECTION 1.03
OF  THIS  CHAPTER,  TO SIXTY HOURS. ADDITIONALLY, THE COMMISSIONER SHALL
ESTABLISH REGULATIONS TO PREVENT SUCH EMPLOYEES FROM WORKING CONSECUTIVE
DOUBLE SHIFTS AND FROM WORKING MORE THAN  TWO  DOUBLE  SHIFTS  WITHIN  A
CONSECUTIVE SEVEN DAY WORK WEEK.
  S  2.  This  act  shall take effect on the sixtieth 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.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11758-01-1

S5716A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8127A
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.19, Ment Hyg L

S5716A (ACTIVE) - Bill Texts

view summary

Relates to limiting the work week of direct care workers.

view sponsor memo
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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5716--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 13, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 13.19 of the  mental  hygiene  law  is  amended  by
adding a new subdivision (f) to read as follows:
  (F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO PROVIDER OPERATING A
FACILITY  LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE SHALL REQUIRE A
DIRECT CARE WORKER TO WORK MORE THAN SIXTY HOURS IN  A  SEVEN  DAY  WORK
WEEK  EXCEPT  IN  CASES  OF  EXTRAORDINARY  EMERGENCY INCLUDING, BUT NOT
LIMITED TO, FIRE, FLOOD, OR DANGER TO LIFE OR PROPERTY. FOR THE PURPOSES
OF THIS SUBDIVISION, "DIRECT CARE WORKER" SHALL MEAN AN  EMPLOYEE  WHOSE
PRIMARY  RESPONSIBILITY IS THE DAILY CARE OF, SUPERVISION OF, AND INTER-
ACTION WITH RESIDENTS OF A RESIDENTIAL FACILITY LICENSED,  OPERATED,  OR
CERTIFIED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
  S  2.  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.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11758-03-1

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