A New York-based think tank is blasting a proposed law change that nursing home advocates say would help ease the field’s staffing struggles.
The National Employment Law Project released a sharply worded statement, advocating against a new rule that would allow teenagers as young as 16 to operate lifts in nursing homes without adult supervision. Dropping the age limit would reverse a “sensible, almost decade-old” Labor Department policy, said Debbie Berkowitz, worker health and safety program director with NELP.
“The proposed rule would hand over one of the most complex and hazardous jobs in nursing homes and hospitals to the youngest and most inexperienced workers — endangering both the young workers and patients,” Berkowitz said in her group’s statement, which was released last week.
NELP questioned the Department of Labor’s sources for supporting the rule change, pointing to a cited survey of Massachusetts vocational programs that restricts young teens from working in nursing homes. The think tank continued that the survey is years old and represented a “scant” 22 vocational programs.
“This survey provides no legal or factual basis for a change in the current policy, and NELP calls upon the Labor Department to withdraw this proposal,” Berkowitz said.
Provider groups, which have supported the rule change, pushed back against those arguments on Tuesday.
“We disagree with NELP’s opinion and stand by our position that the current restrictions are unnecessary to protect young workers or nursing home residents,” LeadingAge spokeswoman Lisa Sanders said in an email. The trade group submitted comments supporting the rule change last month, noting previous Occupational Safety and Health Administration findings, showing that mechanical lifts should be used instead of the manual variety because they’re safer for both workers and patients.
Federal and state laws mandate nurses’ aide training, including training on transfers, added Lilly Hummel, senior director, Policy & Program Integrity, for the American Health Care Association. Teenagers ages 16 and 17 would receive that training and supervision, same as others in the same job position, she said.
“Resident and employee safety is a top priority for our members. With this rule they can continue to improve the timeliness and continuity of care for their residents when all trained direct care staff can perform the necessary services, including operating lifts,” she told McKnight’s.
