39 LAWS oI MINNESOTA Ior 2007 Ch. 135, Art.

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(b) encouraging employers and employees to increase their eIIorts to reduce the
number oI occupational saIety and health hazards at their places oI employment, and to
stimulate employers and employees to institute new and to perIect existing programs Ior
providing saIe and healthIul working conditions:
(c) providing that employers and employees have separate but dependent
responsibilities and rights with respect to achieving saIe and healthIul working conditions:
(d) providing Ior research in the feld oI occupational saIety and health: including
the psychological Iactors involved, and by developing innovative methods, techniques,
and approaches Ior dealing with occupational saIety and health problems:
(e) exploring ways to discover latent diseases, establishing causal connections
between diseases and work in environmental conditions, and conducting other research
relating to health problems, in recognition oI the Iact that occupational health standards
present problems oIten diIIerent Irom those involved in occupational saIety:
(I) utilizing advances already made by Iederal laws and regulations providing saIe
and healthIul working conditions:
(g) providing criteria which will assure insoIar as practicable that no employee
will suIIer diminished health, Iunctional capacity, or liIe expectancy as a result oI work
experience:
(h) providing an eIIective enIorcement program which shall include locating
enIorcement personnel in areas oI the state with a higher incidence oI workplace Iatalities,
iniuries, and complaints and a prohibition against giving advance notice oI an inspection
and sanctions Ior any individual violating this prohibition:
(i) providing Ior appropriate reporting procedures with respect to occupational
saIety and health, which procedures will help achieve the obiectives oI this chapter and
accurately describe the nature oI the occupational saIety and health problem:
(i) encouraging ioint labor-management eIIorts to reduce iniuries and diseases
arising out oI employment:
(k) providing consultation to employees and employers which will aid them in
complying with their responsibilities under this chapter where such consultation does not
interIere with the eIIective enIorcement oI this chapter: and
(l) providing Ior training programs to increase the number and competence oI
personnel engaged in the feld oI occupational saIety and health.
Sec. 23. [182.6551] CITATION.
Sections 182.6551 to 182.6553 may be cited as the "SaIe Patient Handling Act."
Sec. 24. [182.6552] DEFINITIONS.
Subdivision 1. Direct patient care worker. "Direct patient care worker" means an
individual doing the iob oI directly providing physical care to patients including nurses, as
defned by section 148.171, who provide physical care to patients.
Subd. 2. Health care facility. "Health care Iacility" means a hospital as defned in
section 144.50, subdivision 2: an outpatient surgical center as defned in section 144.55,
subdivision 2: and a nursing home as defned in section 144A.01, subdivision 5.
Copyright ©2007 by the Revisor oI Statutes, State oI Minnesota. All Rights Reserved.
Ch. 135, Art. 2 LAWS oI MINNESOTA Ior 2007 40
Subd. 3. Safe patient handling. "SaIe patient handling" means a process, based on
scientifc evidence on causes oI iniuries, that uses saIe patient handling equipment rather
than people to transIer, move, and reposition patients in all health care Iacilities to reduce
workplace iniuries. This process also reduces the risk oI iniury to patients.
Subd. 4. Safe patient handling equipment. "SaIe patient handling equipment"
means engineering controls, liIting and transIer aids, or mechanical assistive devices used
by nurses and other direct patient care workers instead oI manual liIting to perIorm the
acts oI liIting, transIerring, and repositioning health care Iacility patients and residents.
Sec. 25. [182.6553] SAFE PATIENT HANDLING PROGRAM.
Subdivision 1. Safe patient handling program required. (a) By July 1, 2008,
every licensed health care Iacility in the state shall adopt a written saIe patient handling
policy establishing the Iacility's plan to achieve by January 1, 2011, the goal oI minimizing
manual liIting oI patients by nurses and other direct patient care workers by utilizing
saIe patient handling equipment.
(b) The program shall address:
(1) assessment oI hazards with regard to patient handling:
(2) the acquisition oI an adequate supply oI appropriate saIe patient handling
equipment:
(3) initial and ongoing training oI nurses and other direct patient care workers on
the use oI this equipment:
(4) procedures to ensure that physical plant modifcations and maior construction
proiects are consistent with program goals: and
(5) periodic evaluations oI the saIe patient handling program.
Subd. 2. Safe patient handling committee. (a) By July 1, 2008, every licensed
health care Iacility in the state shall establish a saIe patient handling committee either by
creating a new committee or assigning the Iunctions oI a saIe patient handling committee
to an existing committee.
(b) Membership oI a saIe patient handling committee or an existing committee must
meet the Iollowing requirements:
(1) at least halI the members shall be nonmanagerial nurses and other direct patient
care workers: and
(2) in a health care Iacility where nurses and other direct patient care workers
are covered by a collective bargaining agreement, the union shall select the committee
members proportionate to its representation oI nonmanagerial workers, nurses, and other
direct patient care workers.
(c) A health care organization with more than one covered health care Iacility may
establish a committee at each Iacility or one committee to serve this Iunction Ior all the
Iacilities. II the organization chooses to have one overall committee Ior multiple Iacilities,
at least halI oI the members oI the overall committee must be nonmanagerial nurses and
other direct patient care workers and each Iacility must be represented on the committee.
(d) Employees who serve on a saIe patient handling committee must be compensated
by their employer Ior all hours spent on committee business.
Copyright ©2007 by the Revisor oI Statutes, State oI Minnesota. All Rights Reserved.
41 LAWS oI MINNESOTA Ior 2007 Ch. 135, Art. 2
Subd. 3. Facilities with existing programs. A Iacility that has already adopted a
saIe patient handling policy that satisfes the requirements oI subdivision 1, and established
a saIe patient handling committee by July 1, 2008, is considered to be in compliance
with those requirements. The committee must continue to satisIy the requirements oI
subdivision 2, paragraph (b), on an ongoing basis.
Subd. 4. Committee duties. A saIe patient handling committee shall:
(1) complete a patient handling hazard assessment that:
(i) considers patient handling tasks, types oI nursing units, patient populations, and
the physical environment oI patient care areas:
(ii) identifes problems and solutions:
(iii) identifes areas oI highest risk Ior liIting iniuries: and
(iv) recommends a mechanism to report, track, and analyze iniury trends:
(2) make recommendations on the purchase, use, and maintenance oI an adequate
supply oI appropriate saIe patient handling equipment:
(3) make recommendations on training oI nurses and other direct patient care
workers on use oI saIe patient handling equipment, initially when the equipment arrives at
the Iacility and periodically aIterwards:
(4) conduct annual evaluations oI the saIe patient handling implementation plan and
progress toward goals established in the saIe patient handling policy: and
(5) recommend procedures to ensure that, when remodeling oI patient care areas
occurs, the plans incorporate saIe patient handling equipment or the physical space and
construction design needed to accommodate saIe patient handling equipment at a later date.
Subd. 5. Training materials. The commissioner shall make training materials on
implementation oI this section available to all health care Iacilities at no cost as part oI the
training and education duties oI the commissioner under section 182.673.
Subd. 6. Enforcement. This section shall be enIorced by the commissioner under
section 182.661. A violation oI this section is subiect to the penalties provided under
section 182.666.
Subd. 7. Grant program. The commissioner may make grants to health care
Iacilities to acquire saIe patient handling equipment and Ior training on saIe patient
handling and saIe patient handling equipment. Grants to any one Iacility may not exceed
$40,000. A grant must be matched on a dollar-Ior-dollar basis by the grantee. The
commissioner shall establish a grant application process. The commissioner may give
priority Ior grants to Iacilities that demonstrate that acquiring saIe patient handling
equipment will impose a fnancial hardship on the Iacility. For health care Iacilities
that provide evidence oI hardship, the commissioner may waive the 50 percent match
requirement and may grant such a Iacility more than $40,000. Health care Iacilities that
the commissioner determines are experiencing hardship shall not be required to meet the
saIe patient handling requirements until July 1, 2012.
Sec. 26. Minnesota Statutes 2006, section 268.196, is amended by adding a subdivision
to read:
Copyright ©2007 by the Revisor oI Statutes, State oI Minnesota. All Rights Reserved.