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 ----------------------------------------------------------------- |Author: |Mendoza | |-----------+-----------------------------------------------------| |Version: |2/27/15 As introduced | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Pamela Schneider | | | | ----------------------------------------------------------------- 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 SB 780 (Mendoza) Page 2 of ? 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 SB 780 (Mendoza) Page 3 of ? 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 SB 780 (Mendoza) Page 4 of ? 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 SB 780 (Mendoza) Page 5 of ? 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 SB 780 (Mendoza) Page 6 of ? 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.