BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          PUBLIC EMPLOYMENT AND RETIREMENT
                               Dr. Richard Pan, Chair
                                2015 - 2016  Regular 

          Bill No:           SB 780           Hearing Date:     4/13/15
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          |Author:    |Mendoza                                              |
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          |Version:   |2/27/15    As introduced                             |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Pamela Schneider                                     |
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          Subject:  State psychiatric technicians and psychiatric  
          technician assistants:  overtime

            SOURCE:  California Association of Psychiatric Technicians
          
          DIGEST:    This bill prohibits mandatory overtime for a state  
          employee employed as a psychiatric technician (PT) or a  
          psychiatric technician assistant (PTA) in a state hospital or  
          facility, except under the following circumstances:

             1)   When a PT or PTA is participating in a surgical  
               procedure and the PT's or PTA's presence through the  
               completion of the procedure is needed to ensure the health  
               and safety of the patient.

             2)   When an unanticipated and non-recurring catastrophic  
               event has occurred and results in such a large number of  
               patients in need of immediate medical treatment that the  
               facility is incapable of providing sufficient PTs or PTAs  
               to attend to the patients without resorting to mandatory  
               overtime.

             3)  When an emergency situation occurs.

          ANALYSIS:
          
          Existing law:
          
          1)Establishes, as the general policy of the state, the workweek  







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            of state employees to be 40 hours, and the workday of state  
            employees to be eight hours, except that workweeks and  
            workdays of a different number of hours may be established in  
            order to meet the varying needs of the different state  
            agencies.

          2)States that it is the policy of the state to avoid the  
            necessity for overtime work whenever possible.  This policy  
            does not restrict the extension of regular working-hour  
            schedules on an overtime basis in those activities and  
            agencies where it is necessary to carry on the state business  
            properly during a manpower shortage.

          3)Under the provisions of the Ralph C. Dills Acts, provides a  
            statutory framework for the State and its represented  
            employees to collectively bargain over all issues impacting  
            wages and working conditions

          This bill:
           
           1)Defines "emergency situation" to mean any of the following:

             a)   Unforeseeable declared national, state, or municipal  
               emergency.

             b)   A highly unusual or extraordinary event that is  
               unpredictable or unavoidable and that substantially affects  
               providing needed health care or increases the need for such  
               services, which includes the following:

               i)     an act of terrorism; 
               ii)    a natural disaster;
               iii)   a widespread disease outbreak;
               iv)    an emergency declared by a specified official of the  
                 facility, or an emergency requiring assistance of an  
                 outside agency.

          1)Defines a "facility" as any facility that provides clinically  
            related health services that is operated by the Department of  
            Corrections and Rehabilitation, the Department of State  
            Hospitals, or Department of Developmental Services in which a  
            PT or PTA works as an employee of the state.

          2)Defines "on call or standby" to mean alternative staff who are  
            not working on the premises of the facility and who are either  








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            compensated for their availability or who have agreed to be  
            available to come to the facility on short notice if the need  
            arises. 

          3)Defines a "PT" or "PTA" as all classifications of psychiatric  
            technician or psychiatric technician assistant.

          4)Prohibits a facility from requiring a PT or PTA to work in  
            excess of a regularly scheduled workweek or work shift, except  
            as provided.


          5)Defines "management or supervisor" and requires management  
            staff to fulfill additional staffing needs in a specified  
            order with first priority given to employees who volunteer for  
            overtime, second priority given to part-time or intermittent  
            employees, and third priority to employees on call or on  
            standby. 

          6)Authorizes a PT or PTA to volunteer to work extra hours, but  
            specifies that the refusal by a PT or PTA to work such hours  
            shall not be grounds for discrimination, dismissal, discharge  
            or other penalty and shall not constitute abandonment or  
            neglect.

          7)Provides that the overtime prohibition does not apply in the  
            following situations:

             a)   To any PT or PTA participating and needed in a surgical  
               procedure until that procedure is completed.

             b)   If a catastrophic event occurs in a facility where both  
               of the following apply:

               i)     the catastrophic event results in such a large  
                 number of patients in need of immediate medical treatment  
                 that the facility is incapable of providing sufficient  
                 PTs or PTAs to attend to the patients without resorting  
                 to mandatory overtime; and,
               ii)    the catastrophic event is an unanticipated and  
                 nonrecurring event.

             a)   If an emergency situation occurs.

          1)Specifies that nothing in these provisions shall be construed  








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            to affect the      Psychiatric Technicians Law or a PT's or  
            PTA's duty under the standards of competent performance.

          2)States that these provisions shall not preclude a facility  
            from hiring part-time or intermittent employees or prevent a  
            facility from providing more protections against mandatory  
            overtime than required by this section.

          3)States the intention of the Legislature to ensure a process in  
            state health care facilities to avoid mandatory overtime and  
            to prohibit the use of mandatory overtime as a scheduling  
            tool, as specified.

          Background

          According to the current state bargaining unit contract with  
          bargaining unit 18, the following applies: 

          Except in cases of emergency, employees shall not be required to  
          work mandatory overtime:

          1)  More than six mandated overtime shifts of at least two (2)  
            hours duration in a month, or
          2)  In excess of sixteen (16) hours continuously, or
          3)  In excess of two overtime shifts within an employee's  
          scheduled work week, or
          4)  On two consecutive calendar days.
          
          In addition, the contract requires that employees will not be  
          required to work mandatory overtime on their regularly scheduled  
          days off or during scheduled vacation or leave times except in  
          specified emergency situations.  Management is also required to  
          find employees who are willing to volunteer for overtime before  
          mandating overtime for employees who do not wish to work  
          overtime.

          However, the contract allows employees to be mandated to perform  
          overtime when no volunteers are available and all eligible  
          employees are already performing overtime in accordance with  
          facility policy.  Finally, the contract prohibits the employees  
          from striking.
          
          Prior/Related Legislation
          
          AB 840 (Ridley-Thomas, 2015) prohibits mandatory overtime for  








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          state employees employed as registered nurses, licensed  
          vocational nurses, and certified nursing assistants in state  
          hospitals and facilities.  This bill is currently in the  
          Assembly Public Employees, Retirement and Social Security  
          Committee.

          AB 2155 (Ridley-Thomas, 2014) would have prohibited mandatory  
          overtime for state employees employed as registered nurses,  
          licensed vocational nurses, and certified nursing assistants in  
          state hospitals and facilities.  The bill was vetoed by Governor  
          Brown, stating that AB 2155 "covers matters more appropriately  
          settled through the collective bargaining process."

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No


          SUPPORT:

          California Association of Psychiatric Technicians (source)





          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    
          
          According to the sponsor:

               Currently, psychiatric technicians in private sector  
               employment cannot be mandated to work overtime;  
               unfortunately, the state government is exempt from this  
               regulation. 

               Mandatory overtime practices can lead to increased stress  
               on the job, less patient comfort and mental and physical  
               fatigue that can contribute to errors and "near-misses"  
               with medications and case-related procedures.  The practice  
               also ignores the responsibilities psych techs have at home  
               with children, other family members, or with other  
               obligations.  Furthermore, being forced into excessive  








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               overtime can cause an exhausted PT to practice unsafe  
               patient care, jeopardizing their psychiatric technician  
               licensure status. 

          The regard to the State's use of mandatory overtime for PTs and  
          PTAs, the author states:

               State facilities routinely violated the collective  
               bargaining agreement with BU 18.  While grievances have  
               been filed and granted, the state continues to violate the  
               contract with impunity as there are no repercussions or  
               deterrents for violating the contract.

               The states of West Virginia, Illinois, Connecticut,  
               Washington, Oregon, New Jersey, Minnesota, Maine, Maryland,  
               Alaska and Massachusetts all have laws prohibiting the use  
               of mandatory overtime as a general staffing tool.

               California should do more to promote optimal quality  
               patient care, decrease workplace health and safety errors,  
               and increase the ability of the state to recruit and retain  
               of PT's.