Health care employers in California are now required to accommodate nurses who have lifting restrictions. In other states, nurses must prove that they have a disability covered by the Americans With Disabilities Act (ADA) to receive an accommodation.
The new law means California nurses may now decline to participate in a patient lift, reposition or transfer without fear of reprisal. As long as their concerns relate to safety, nurses cannot be fired for refusing to lift a patient.
The Hospital Patient and Health Care Worker Injury Protection Act is aimed at improving safety and reducing turnover in a state where more than 12 percent of nurses leave the workforce each year due to back injuries.
“It is imperative that we protect our registered nurses and other health care workers from injury, and provide patients with safe and appropriate care,” the law states. “At a cost of between [$60,000] and [$140,000] to train and orient each new nurse, preventing turnover from injuries will save hospitals money.”
The new law also requires employers to train and provide staff to help employers lift patients.
While the California law applies only in-state, nurses throughout the country receive some level of protection under the ADA, according to U.S. Equal Employment Opportunity Commission guidance.
The EEOC has made clear that employers in the health care industry may need to provide a portable mechanical patient lifting device to a nurse with a lifting restricting. “Purchase of the device and the cost of the associated training would not pose an undue hardship,” according to the EEOC.