Safe Patient Handling Update

**P_RN** · Nov 04, 2009 07:45 AM

st1\:*{behavior:url(#default#ieooui) } Note: Photos are not included. To see the photos which accompany Sally Kellerman’s endorsement of SPH legislation, including as nurse “Hot Lips Houlihan” and others, and of the CHAPS Congressional Staff Briefing, please see the WING USA SPH Update dated November 1, 2009, at www.wingusa.org.

November 1, 2009
Dear WING USA Friends,

WING USA SPH Update November 1, 2009:

Actress Sally Kellerman Endorses Legislation for Safe Patient Handling as CHAPS Hosts Congressional Staff Briefing on Nurse and Health Care Worker Protection Act of 2009 (HR 2381/S 1788)

Actress and singer Sally Kellerman, who played the nurse called “Hot Lips Houlihan” in the movie *M*A*S*H*, has given her support to efforts of the Coalition for Healthcare Worker and Patient Safety (CHAPS) and of Work Injured Nurses’ Group USA (WING USA) for national safe patient handling legislation, for the safe handling of patients and residents across the country.

Sally Kellerman’s statement of support for safe patient handling is given here, with permission. Info about the Congressional Staff Briefing held October 22, 2009, on the Nurse and Health Care Worker Protection Act of 2009 (HR 2381/S 1788) follows.

Sally Kellerman Supports Legislation for

Safe Patient Handling

“A while back, I played a Nurse called Hot Lips Houlihan in the movie *M*A*S*H*. My character was smart, strong, and tough. In real life, Nurses and Nurse Assistants are smart, strong and tough too, but they suffer more disabling back injuries than any other occupation.

“Most injuries are caused by lifting patients by hand, and having the right patient lifting equipment could stop those injuries from ever happening.

“That’s why I support the work of the Coalition for Healthcare Worker and Patient Safety (CHAPS), and the Work Injured Nurses Group USA (WING USA) to prevent Nurse and patient injuries by giving these professionals the equipment they need to do their job safely.

“Passing legislation for safe patient handling will help keep Nurses and Nurse Assistants on the job taking care of us, and isn’t that good for everyone?”

Sally Kellerman
Actress, Singer, and Supporter of Safe Patient Handling

Photos 1-3 of Sally Kellerman (see at www.wingusa.org): For Sally Kellerman’s endorsement statement complete with photos as the nurse “Hot Lips Houlihan” and others, please see the WING USA Update dated November 1, 2009 at www.wingusa.org.

“CHAPS” Holds Congressional Briefing on

Nurse and Health Care Worker Protection Act of 2009

(HR 2381 and S 1788) for the

Safe Handling of Patients and Residents in America

The Coalition for Healthcare Worker and Patient Safety (“CHAPS”), led by CHAPS founder Marsha Medlin, RN, returned to Capitol Hill on October 22, 2009, to host a Congressional Staff Briefing on the Nurse and Health Care Worker Protection Act of 2009.

The act would “Direct the Secretary of Labor to issue an occupational safety and health standard to reduce injuries to patients, direct-care registered nurses, and all other health care workers by establishing a safe patient handling and injury prevention standard…” (http://thomas.loc.gov).

Where other industries routinely use equipment such as hoists, cranes, and forklifts to lift heavy loads, the healthcare industry is permitted to use the backs of nurses, nurse assistants, and other healthcare workers to lift up to hundreds of pounds at a time, often many times throughout every shift. Nursing staff are required in many areas to lift back-breaking amounts of weight not permitted to be lifted by hand in other industries, leading to RNs having the seventh highest number of work-related musculoskeletal disorders (MSDs), and to nursing aides, orderlies, and attendants having the second highest number and the highest rate of MSDs in the country – more than seven times the national MSD average for all occupations(www.bls.gov).

All techniques of manual patient lifting have been shown to create forces which exceed tolerance limits of spinal structures, so that no method of lifting people by hand can be considered safe, and that proper training and use of patient-lift equipment prevents injuries and saves tremendously on workers’ compensation medical and time loss payments. The on-going epidemic of MSDs among healthcare workers indicates that many of the nearly 6,000 hospitals and 18,000 nursing homes across America have not voluntarily and successfully implemented the safe patient handling policies, programs, and equipment and training proven necessary to prevent injuries caused by lifting and moving patients and residents.

The Nurse and Healthcare Worker Protection Act of 2009 stands alone as industry-specific legislation designed to prevent injuries, and related loss of nursing personnel and financial resources, caused by the manual lifting of dangerous loads not permitted in other industries.

Identical Companion Bills in House and Senate

HR 2381, Nurse and Health Care Worker Protection Act of 2009, was introduced into the U.S. House of Representatives by Representative John Conyers, Jr. (D, MI-14) on May 13, 2009, with 11 co-sponsors to date:

HR 2381 Sponsor:
Rep. John Conyers (D, MI-14) introduced on May 13, 2009
Co-sponsors, as of November 1, 2009:
Rep. Lynn C. Woolsey (D, CA-6), May 13, 2009, original co-sponsor
Rep. Carolyn McCarthy (D, NY-4), July 7, 2009
Rep. Raul M. Grijalva (D, AZ-7), July 15, 2009
Rep. Phil Hare (D, IL-17), July 15, 2009
Rep. Steve Cohen (D, TN-9), July 20, 2009
Rep. James L. Oberstar (D, MN-8), July 27, 2009
Rep. Joes Sestak (D, PA-7), July 28, 2009
Rep. Peter A. DeFazio (D, OR-4), October 6, 2009
Rep. John W. Olver (D, MA-1), October 20, 2009
Rep. Donald M. Payne (D, NJ-10), October 20, 2009
Rep. John A. Boccieri (D, OH-16), October 26, 2009

S 1788 Sponsor:
Senator Al Franken (D, MN) introduced on October 15, 2009

Momentum for a national safe patient handling standard mounted with introduction of companion bill S 1788 into the U.S. Senate on October 15, 2009, by Senator Al Franken (D, MN) who stated:

“Today I am introducing a bill to help keep our country's invaluable nurses and health care workers safe from debilitating injuries suffered on the job. This legislation will require workplace standards that eliminate the manual lifting of patients – the primary cause of musculoskeletal disorders in the health care profession. And I want to first thank my colleague in the House, Representative Conyers of Michigan's l4th District, for his leadership on this issue and for the impressive work he put into crafting this bill.
“When we think of dangerous working conditions, mines or construction sites might come to mind. But in fact, work performed in hospitals and nursing homes contributes to thousands of cases of musculoskeletal disorders in nurses and health care workers each year. These injuries require time away from work, and unfortunately, many workers suffering from chronic back injury are forced to leave the profession permanently. Nurses and health care workers deserve better – they shouldn't have to sacrifice their safety and their livelihood to help others, especially when many of these injuries could be prevented.”
With the same title and identical wording as HR 2381, S 1788 “Nurse and Health Care Worker Protection Act of 2009,” would mandate “a standard on safe patient handling and injury prevention to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers that requires the use of engineering controls to lift patients and the elimination of manual lifting of patients through the use of mechanical devices, except where patient care may be compromised” (http://thomas.loc.gov).

To this end, after visiting members of Congress in July 2009 (see WING USA Update “CHAPS to Capitol Hill” dated August 23, 2009, at www.wingusa.org), CHAPS returned to Capitol Hill to host a Congressional Staff Briefing on October 22, 2009. The Briefing was held from 3:00 to 5:30 pm in the Judiciary Overflow Room at 2226 Rayburn House Office Building. The agenda for the event follows.

Agenda of CHAPS Congressional Staff Briefing October 22, 2009

WHY PASS THE NURSE AND HEALTH CARE WORKER

PROTECTION ACT OF 2009 (H.R. 2381/S. 1788)?

AGENDA

INTRODUCTION:
Representative John Conyers, Jr. (D-MI), Sponsor of H.R. 2381 introduced by
Jean Ross, RN, United American Nurses (UAN)

WHY THE LAW IS NEEDED:
Marsha Medlin, RN, Founder of the Coalition for Healthcare Worker and Patient Safety (CHAPS)

Beth Piknick, RN, past President, Massachusetts Nurses Association (MNA)

Cathy Battaglia, RN, injured nurse

Michael Watkins, CNA, injured certified nursing assistant

SAFE PATIENT LIFTING EQUIPMENT MAKES FINANCIAL SENSE:
Elizabeth White, RN

EXPLANATION OF THE BILL:
Jay Witter, United American Nurses (UAN)

EXPLANATION AND DEMONSTRATION OF SAFE PATIENT LIFTING EQUIPMENT:
Marsha Medlin, RN

Photo 4 of CHAPS with Congressman John Conyers, Jr. (see at www.wingusa.org): Coalition for Healthcare Worker and Patient Safety (CHAPS) Congressional Staff Briefing on Nurse and Health Care Worker Protection Act of 2009, October 22, 2009, Washington, DC. Left to right: Elizabeth White, ErgoNurse; Jean Ross, United American Nurses (UAN, AFL-CIO); Michael Watkins, National Network of Career Nursing Assistants (NNCNA); Jeni Gipson, Director of National Network of Career Nursing Assistants (NNCNA); U.S. Representative John Conyers, Jr., sponsor of HR 2381; Delana Webb, RN; Molly Donaldson, Ergolet; Sara Markle-Elder, United American Nurses (UAN, AFL-CIO); Laura McElroy, National Network of Career Nursing Assistants (NNCNA); Marsha Medlin, Ergolet and founder of CHAPS; Donna Zankowski, American Association of Occupational Health Nurses (AAOHN).

Congressman John Conyers, Jr., sponsor of HR 2381, Nurse and Health Care Worker Protection Act of 2009, stated, “This is a meeting that in a more democratic system would not be necessary. The injuries [caused by manually lifting patients and residents] go on every day that we wait. We have to decide collectively that the time has come. If you're waiting for goodwill and bipartisanship, your kids will be here pleading the same things.”

Photo 5 of Speakers at the Briefing on HR 2381/S 1788 (see at www.wingusa.org): Speaking at theCoalition for Healthcare Worker and Patient Safety (CHAPS) Congressional Staff Briefing on Nurse and Health Care Worker Protection Act of 2009, October 22, 2009, Washington, DC. Left to right: Michael Watkins, CNA, National Network of Career Nursing Assistants (NNCNA); Marsha Medlin, RN, founder of CHAPS; Elizabeth White, RN, ErgoNurse; Jean Ross, RN, United American Nurses (UAN, AFL-CIO); Beth Piknick, RN, past President Massachusetts Nurses Association; Cathy Battaglia, RN, from Minnesota.

CHAPS founder Marsha Medlin, RN, stated, “CHAPS hosted a Congressional Staff Briefing on October 22nd. It was well attended and included information on the scope of the problem, personal stories from injured health care workers, financial information and actual lift demonstrations.

“Congressman Conyers gave a compelling speech highlighting the sacrifices health care workers make and the priority of protecting them so they can continue caring for patients. The next steps include a possible Senate briefing as well as a hearing.”

A video produced by CHAPS members was also shown during the Briefing, with interviews of healthcare workers documenting the devastating life-altering effects of injuries caused by manually lifting patients and residents.

Photo 6 of Michael Watkins, CNA, who Spoke at the Briefing (see at www.wingusa.org): Michael Watkins, CNA, National Network of Career Nursing Assistants (NNCNA), who spoke at the CHAPS Congressional Staff Briefing on the Nurse and Health Care Worker Protection Act of 2009, October 22, 2009.

Material Provided by CHAPS to Members of Congress and Legislative Staff on HR 2381/S 1788

Materials distributed to members of Congress and their legislative staff at the Briefing included:

1. Briefing Agenda.

2. United American Nurses (UAN) “Legislative Issue Brief: Safe Patient Handling Legislation – H.R. 2381/S. 1788.”

3. Text of Nurse and Health Care Worker Protection Act of 2009, HR 2381/S 1788.

4. Work Injured Nurses’ Group USA (WING USA) injured nurse stories: “Nurses Lost to Back Injuries from Lifting Patients.”

5. CHAPS factsheet “Coalition for Healthcare Worker and Patient Safety (CHAPS) Supports H.R. 2381/S. 1788 – The Nurse and Health Care Worker Protection Act of 2009.”

6. Equipment factsheet: “Manual Patient Handling vs. Safe Patient Handling.”

7. List of 25 “Organizations Supporting the Nurse and Health Care Worker Protection Act of 2009 (H.R.2381/S. 1788).”

8. “Dear Colleague” letter from Rep. John Conyers, Jr., to members of Congress: “Help Protect Nurses and Health Care Workers from Unnecessary Back Injuries.”

9. Senator Al Franken’s press release on introduction of S 1788 into the Senate on Oct 15, 2009: “Franken Introduces Nurse Protection Act: Bill will Prevent Injuries Among Nurses and Health Workers.”

10. United American Nurses (UAN) press release October 15, 2009: “Nation’s RNs Hail Sen. Franken’s Support for Safe Patient Handling Measure: UAN, Minnesota Nurses Point to Benefits for Patients, Nurse Staffing and Cost Savings.”

11. United American Nurses (UAN) press release May 13, 2009: “Common-Sense Patient Handling Bill Protects Patients and Nurses: United American Nurses Pledges Support for Legislation.”

12. Sign-on letter of 12 unions urging members of Congress to co-sponsor HR 2381: “Help Protect Millions of Nurses and Patients – Support Safe Patient Handling Legislation – Cosponsor H.R. 2381.”

13. Actress Sally Kellerman’s endorsement: “Sally Kellerman Supports Legislation for Safe Patient Handling,” reproduced above.

To Receive Materials Provided at the Briefing or for More Info:

For more info on the Congressional Staff Briefing held October 22, 2009, to receive the materials listed above which were provided at the Briefing, or to be added to the CHAPS email list, contact CHAPS founder, Marsha Medlin:

Marsha Medlin, RN
Founder, Coalition for Healthcare Worker and Patient Safety (CHAPS)
President, Safe Lifting Solutions
Director of Medical Products, Ergolet Americas
717-926-9921
mmedlin@safeliftingsolutions.com
www.safeliftingsolutions.com

Photo 7 of Safe Lift Equipment Demo at the Briefing (see at www.wingusa.org): Marsha Medlin, RN, founder of the Coalition for Healthcare Worker and Patient Safety (CHAPS) conducting a demonstration of patient lifting equipment on a member of the audience at CHAPS Congressional Staff Briefing, October 22, 2009.

Organizations Supporting the Nurse and Health Care Worker Protection Act of 2009:

Following is a list of organizations which have expressed support of the Nurse and Health Care Worker Protection Act of 2009 (HR 2381/S 1788). It is gratifying that such a variety of organizations agree in the cause for the safe handling of patients and residents across the United States.

American Association for Long Term Care Nursing (AALTCN)
American Association of Occupational Health Nurses (AAOHN)
Alaska Nurses Association (AaNA)
American Federation of Government Employees (AFGE)
American Federation of Labor and Congress of Industrial Organizations (AFL-CIO)
American Federation of State, County and Municipal Employees (AFSCME)
American Federation of Teachers (AFT)
American Nurses Association (ANA)
California Nurses Association (CNA)/National Nurses Organizing Committee (NNOC)
Coalition for Healthcare Worker and Patient Safety (CHAPS)
Department for Professional Employees, AFL-CIO (DPE)
International Association of Fire Fighters (IAFF)
International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW)
Massachusetts Nurses Association (MNA)
Minnesota Nurses Association (MNNA)
National Network of Career Nursing Assistants (NNCNA)
National Organization for Women (NOW)
Oregon Nurses Association (ONA)
RNs Working Together, AFL-CIO (RNWT)
Safe Lifting Solutions, Inc.
Service Employees International Union (SEIU)
United American Nurses, AFL-CIO (UAN, AFL-CIO)
United Food and Commercial Workers (UFCW)
United Steelworkers (USW)
Work Injured Nurses’ Group USA (WING USA)

If your organization would like to be included:The person with authority to make the request for the organization should email me at anne@wingusa.org, giving their name, position, contact info, and request that their organization be added to the list of organizations which support the Nurse and Health Care Worker Protection Act of 2009.

Summary of HR 2381 as Introduced May 13, 2009:

“Nurse and Health Care Worker Protection Act of 2009 - Requires the Secretary of Labor to propose a standard on safe patient handling and injury prevention to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers that requires the use of engineering controls to lift patients and the elimination of manual lifting of patients through the use of mechanical devices, except where patient care may be compromised.

“Requires health care employers to: (1) develop and implement a safe patient handling and injury prevention plan; (2) provide their workers with training on safe patient handling and injury prevention; and (3) post a uniform notice that explains the standard and the procedures to report patient handling-related injuries. Requires the Secretary to conduct unscheduled inspections to ensure compliance with safety standards.

“Allows health care workers to: (1) refuse to accept an assignment in a health care facility that violates safety standards or for which such worker has not received required training; and (2) file complaints against employers who violate this Act. Prohibits employers from taking adverse actions against any health care worker who in good faith reports a violation, participates in an investigation or proceeding, or discusses violations.

“Authorizes health care workers who have been discharged, discriminated, or retaliated against in violation of this Act to bring legal action for reinstatement, reimbursement of lost compensation, attorneys' fees, court costs, and other damages.

“Requires the Secretary of Health and Human Services (HHS) to establish a grant program for purchasing safe patient handling and injury prevention equipment for health care facilities.”

For Complete Information on HR 2381 and S 1788:

For links to the summary, text, actions, co-sponsors, committees, and other information on the Nurse and Health Care Worker Protection Act of 2009:

Go to http://www.house.gov/
Enter “HR 2381” or “S 1788” into the “Search Bill Summary & Status” box
Select “Bill Number”
Click “Search”

With best wishes to all, on our journey to the safe lifting and moving of dependent persons across all healthcare settings in America…Anne

Anne Hudson, RN, BSN
November 1, 2009
Founder, Work Injured Nurses' Group USA (WING USA)
Coos Bay, Oregon
Email: anne@wingusa.org
Website: www.wingusa.org

*Moogie* · Nov 04, 2009, 07:59 PM

I find it disconcerting that there does not seem to be bipartisan support for this legislation, since all the sponsors are Democrats. I hope this is not going to turn into yet another partisan p****** match.

Why would anyone vote against trying to ensure safety in the workplace for those who work directly with patients? After all, there are laws that protect other types of workers.

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