Over the last few months we have updated you on action steps we are taking with our national association, the American Health Care Association/National Center for Assisted Living (AHCA/NCAL), on the July Department of Labor (DOL) regulatory interpretation relating to use of mechanical lifts by employees under age 18.  While we continue to slowly move forward with DOL negotiations, including a tour of a facility to observe the use of mechanical lifts, there are concerns that additional pressures are needed.  To that end, the Association is sending a letter to the congressional delegation this week highlighting this issue and asking for their assistance in sending a message to the Secretary of Labor.  Following is a brief excerpt from that letter:

“ . . . we want to share with you our concern over a Final Rule recently issued by the Wage and Hour Division of the U.S. Department of Labor entitled “Child Labor Regulations, Orders and Statements of Interpretation” (75 FR 28404).  The intent of this rule was to improve upon existing regulations protecting youths under the age of 18 working in nonagricultural settings.  Unfortunately, the Rule has resulted in serious unintended consequences for the post-acute and long-term care sector because it prevents the use of safe patient handling devices by workers under the age of 18.

“Since the final Rule prohibits workers aged 16 and 17 from using safe patient handling apparatus or hoists as part of their assigned duties, there has been a significant and detrimental impact on post-acute, long-term, and residential care providers.  Specifically, the Rule states that the operation of power-driven hoisting apparatus, which as defined includes patient lifts, is “particularly hazardous for minors.”  However, prior to July 19, 2010, previous regulations included an exemption permitting 16- and 17-year-olds to operate electric- and air-powered hoists of less than one ton capacity, but this exemption was repealed in the new Rule.  As a result, the repeal of this exemption precludes post-acute, long-term, and residential care facilities from providing the safest workplace environment possible for all of our employees. . . .”

We encourage our members to also send letters to their members of Congress asking for the same thing—that their congressional representative write to the Secretary of Labor.  We have posted a sample letter on our website for your use.

Patti Cullen, CAE
952.851.2487
pcullen@careproviders.org

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