State to Review Law Prohibiting Excessive Overtime for Health Care Workers

HARRISBURG, Pa. – Auditor General Eugene DePasquale today said he is launching a special performance audit of the Department of Labor and Industry’s implementation and enforcement of the Prohibition of Excessive Overtime in Health Care Act, commonly known as Act 102.

“Requiring excessive overtime is not only a worker safety issue, it is a patient safety issue because fatigued caregivers cannot possibly provide top quality health care services. Our audit will review whether or not the law is being properly enforced,” DePasquale said.

DePasquale said auditors will review and determine whether or not L&I has recorded, investigated and resolved all Act 102 complaints for the period of July 1, 2009 — when the full act went into effect — through Aug. 31, 2014.

In the course of the review, auditors will conduct interviews of L&I staff, review applicable laws and regulations and policies, and examine complaint files and other documentation.

Act 102 of 2008 bans health care facilities including hospitals, nursing homes and outpatient facilities from requiring hourly, non-supervisory employees involved in direct patient health care to work more than agreed to, predetermined and regularly scheduled work shifts.

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