BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 780|
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                                   THIRD READING 


          Bill No:  SB 780
          Author:   Mendoza (D)
          Introduced:2/27/15  
          Vote:     21  

           SENATE PUBLIC EMP. & RET. COMMITTEE:  3-1, 4/13/15
           AYES:  Pan, Beall, Hall
           NOES:  Fuller
           NO VOTE RECORDED:  Morrell

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   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; and 3) when an  
          emergency situation occurs.








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          ANALYSIS:
          
          Existing law:
          
          1)Establishes, as the general policy of the state, the workweek  
            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)Provides, under the provisions of the Ralph C. Dills Acts, 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  







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            related health services that is operated by the Department of  
            Corrections and Rehabilitation (CDCR), the Department of State  
            Hospitals (DSH), or Department of Developmental Services (DDS)  
            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  
            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  







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                 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  
            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  







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          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  
          state employees employed as registered nurses, licensed  
          vocational nurses, and certified nursing assistants in state  
          hospitals and facilities.


          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.:YesLocal:   No

          According to the Senate Appropriations Committee:

           Approximately $5.7 million to DDS (Special/General Funds)
           Approximately $17 million to CDCR (General Fund)
           Approximately $7.1 million to DSH (Special/General Funds)

          All of these above costs are for new positions that will replace  
          existing mandatory overtime hours.  Therefore, there will be  
          partial offsetting savings to each department for not paying  
          overtime expenses as noted below.

          The DDS indicates that 53 new positions would be needed to cover  
          the number of mandatory overtime hours worked by PTs and PTAs  
          which is about 110,847 hours per year.  The cost for the 53  
          positions is estimated at approximately $5.7 million for salary,  
          benefits, and office expenses and equipment, partially offset by  
          savings from not paying mandatory overtime hours at  
          approximately $5.2 million.

          The Division of Correctional Health Care Services of the CDCR  







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          estimates new employee costs of $17 million if it is required to  
          hire one PT per institution per shift.  Offsetting savings for  
          not paying overtime hours is likely $10-14 million, but actual  
          savings are unknown at this time.

          The DSH had 123,552 hours of mandatory overtime delivered (as  
          opposed to over 1 million hours of voluntary overtime) during  
          2014.  The cost for those overtime hours was approximately $5.7  
          million, while hiring a minimum number of full time employees to  
          work those hours would be about $7.1 million.  Therefore, the  
          net cost to DSH is approximately $1.4 million.


          SUPPORT:   (Verified5/28/15)


          California Association of Psychiatric Technicians (source)


          OPPOSITION:   (Verified5/28/15)


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

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







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               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.

          Prepared by:Pamela Schneider / P.E. & R. / (916) 651-1519
          5/29/15 13:35:11


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