BILL NUMBER:S5287

TITLE OF BILL:  An act to amend the labor law, in relation to
prohibiting direct-care workers from working two double shifts within
any two day period

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) by limiting the
number of double shifts that direct care workers are allowed to take
within any forty-eight hour period.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the labor law by adding a new section 171 which
limits the amount of double shifts a direct care worker can work
within any forty-eight hour period.

JUSTIFICATION:

There has been concerns expressed that employees in the facilities
providing care for disabled persons are permitted to work an excessive
amount of overtime by working double shifts back-to-back. 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 test
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 double shifts an employee is allowed to work within a
forty-eight hour period so ensure caregivers have enough rest between
shifts.

PRIOR LEGISLATIVE HISTORY:

2011/12 - A10763 - Ref to Labor

FISCAL IMPACT:

None.

EFFECTIVE DATE:

This act shall take effect on the sixtieth day after it shall have
become a law.