Earlier this week, four American Health Care Association/National Center for Assisted Living (AHCA/NCAL) staff, two state affiliate staff (Shelly Peterson from the North Dakota Long Term Care Association and Doug Beardsley from Care Providers of Minnesota), and one American Association of Homes and Services for the Aging (AAHSA) staff member met with officials in the Department of Labor’s (DOL) Wage and Hour division in Washington, D.C. to discuss the child labor law final rule that has adversely impacted many of our member facilities’ operations.  Specifically, the final rule stated that employees aged 16 and 17 cannot operate or assist in the operation of  “hoists,” which DOL currently interprets in its Employment of Youth in the Healthcare Industry fact sheet as including mechanical patient lifts.  AHCA/NCAL representatives provided data to show that there is no evidence of mechanical lifts causing injuries to young workers, and we enumerated the negative impact that this has had on career ladder and youth apprenticeship programs, as well as facility hiring practices nationwide.

We felt this issue was important enough for many of our members that we sent Doug Beardsley to this meeting—Doug offered a unique perspective on this issue, as a quality/regulatory expert for the Association, as well as a former provider with real-life experience with 16- and 17-year-old employees using lifts.  His perspective as a long-time operator prior to joining the Association staff was a valued contribution to this meeting, as he was able to dispel many of the operational myths held by DOL staff.  It was also helpful for Doug to have background materials on current practices today in Minnesota—many of you responded to our survey and emailed your specific situation to us.  (Thanks, Doug!)

Results of the meeting appear positive as DOL is considering options to resolve this issue.  DOL representatives appeared to be receptive to modifying the prohibition with the following qualifications:

• Facilities must have documentation showing that each staff member has been instructed regarding the proper operation of each brand/type of lift, including a return demonstration showing competency.
• If a staff member under the age of 18 operates or assists with the operation of a lift, the “underage” staff member must have another staff member age 18 or older assist in the operation of the mechanical lifting procedure.

However, at this time, 16- to 17-year-old workers continue to be prohibited from operating or assisting with operation of mechanical patient lifts, even with the supervision of an employee who is 18 or older.  We stressed the importance of quick action to resolve this issue, as the current prohibition has already created staffing and training difficulties.

DOL plans to meet with other key stakeholder groups on this issue, and AHCA/NCAL will provide DOL with additional data on safety practices in long-term care settings, adequacy of CNA training, and regulatory oversight of quality of care.  AHCA/NCAL is also making arrangements for DOL representatives to view the operation of mechanical lifts at a facility in the Washington, D.C. area.  If you have additional feedback that you would like to share with DOL on this issue, please send it to us at the Association office (pcullen@careproviders.org)—we will gather and submit it to AHCA/NCAL, who will forward it to the appropriate officials.  We will keep members apprised as our advocacy continues, and will notify you of future stakeholder discussion opportunities.

Patti Cullen, CAE
952.851.2487
pcullen@careproviders.org

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