Governor Signs Legislation (AB 1136) Mandating Safe Patient Handling Programs
Nov 10, 2011
Bill requires hospitals to have lifting safety training and policies; implications for employers are yet to be specified
San Diego, CA, November 10, 2011 – Effective January 1, 2012, after several failed attempts in past years by the California Nurses Association (CNA) to pass lift team legislation, Governor Brown has signed CNA-sponsored Assembly Bill 1136 (Swanson, D-Oakland). The new law requires hospitals to: 1. Have a "patient protection and health care worker back and musculoskeletal injury prevention plan" that includes a "safe patient handling policy for patient care units"; 2. "Provide trained lift teams or other support staff trained in safe lifting techniques"; and 3. Provide specified training.
Several groups have made repeated efforts to clarify numerous aspects of the bill, but it is unclear whether lift teams are mandated given that the legislation also refers to "other support staff." In addition, while the bill refers to lift equipment and devices in several places, it is unclear what equipment, if any, is required.
Cal/OSHA, the state agency charged with enforcement of the new workplace safety standard, is reviewing the law and developing an action plan. The agency anticipates convening an AB 1136 Advisory Committee, which will include hospital representatives, to determine if the bill requires cleanup language. Cal/OSHA also will begin internal training for its staff and workshop training for stakeholders.
The law is effective January 1, 2012. While the new mandate could have budgetary and operational implications, there may not be sufficient specific information until after that date. In the meantime, Cal/OSHA indicated that if a complaint was filed after the first of the year, the investigation would involve:
- - 1. Review and implementation of the IIPP
- - 2. Review of the hospital’s patient handling policy
- - 3. Review of hospital practices regarding patient handling to determine whether staff are following the policy
- - 4. Checking on lift equipment that is in place and whether it is operational and accessible and whether employees are trained on the use of that equipment
- - 5. Review of the Log 300 and whether there are any trends that are not being addressed, such as significant back injuries in particular departments
For more information, please contact your Barney & Barney representative.
