The existing legislation on health care workers in California has encouraged safe patient handling policy as specified under the AB 1136 of California labor laws. With the new year, employees and employers are both expected to observe the newly amended policies with regards to workers that belong in the health care industry – to be specific, concerning the handling and care for patients.

This amended section of the California labor code, under Section 6403.5, states that all employers in California must come up with an injury prevention plan for all of its health care workers. This is designed to ensure that workers do not suffer from muscoskeletal or back injuries resulting from lifting patients and providing various forms of manual care for patients resulting to such injuries. This new legislation in the California labor law is effective starting January 1, 2012, which is detailed more on the Hospital Patient and Health Care Worker Injury Protection Act.

It is part of the employer rights to compel their workers to provide the highest possible care to patients, which is why the law has also suggested that you come up with a comprehensive plan on patient handling. Unlike the original labor law wherein workers cannot refuse the employer’s instructions when it comes to caring and handling their patients. Thus, the plan that you have established must include the option of replacing manual lifting with the use of powered patient transfer devices, or lift teams, which consist of other health care workers. All members of the lifting team must be well trained in the field of patient handling and care. It must also be specific to the patient’s individual needs, which is why clinical assessment and training is vital in this work environment.

Before the employer can assign a “lift team” in the hospital or health care facility, they need to sponsor safe lifting techniques and other forms of training. Aside from handling or lifting patients, they must also be knowledgeable on re-positioning or transferring patients, as well as operating the lift devices that are used. The law does not require hospitals or health care facilities to hire a new set of staff to make up the “lift team”; thus, they cannot be charged with employer liability by utilizing the existing staff for this purpose.

Before this bill was put into law and is pending for official mandate in the state of California, there were several health care workers among various facilities within the state that were penalized for refusing to lift or handle the patient themselves, due to various reasons but mostly consisting of concerns for their own health. This is why this law has been revised so that employees might be able to observe their own right to health and eliminate risks from injuries. (more…)