West Virginia WV Nurses Overtime and Patient Safety Act Poster
The WV Nurses Overtime and Patient Safety Act is a labor law posters poster by the West Virginia Division of Labor . This poster is mandatory for some employers, including hospital and nursing.
This poster, to be posted in a conspicuous area for all hospital and nursing employees to see, details their overtime rights and priorities regarding patient safety.
WV All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both West Virginia and Federal poster requirements by clicking here .
WEST VIRGINIA DIVISION OF LABOR 1900 Kanawha Boulevard East - State Capitol Complex – Building 3, Room 200 - Charleston, WV 25305 Email: [email protected] - Fax: (304)558 -3797 - Telephone: (304)558 -7890 – Website: labor.wv.gov THE WEST VIRGINIA NURSES OVERTIME AND PATIENT SAFETY ACT This poster is required to be posted in a place accessible in accordance with Chapter 21, Article 5F, Section 3(h) of the Code of West Virginia. HOSPITAL NURSING OVERTIME LIMITATIONS AND REQUIREMENTS Except as provided in subsections (b), (c), (d), (e) and (f) of this section, a hospital is prohibited from mandating a nurse, directly or through coercion, to accept an assignment of overtime and is prohibited from taking action against a nurse solely on the grounds that the nurse refuses to accept an a ssignment of overtime at the facility if the nurse declines to work additional hours because doing so my, in the nurse's judgment, jeopardize patient or employee safety. In the interest of patient safety, any nurse who works twelve or more consecutive hours, as permitted by this section, shall be allowed at least eight consecutive hours of off- duty time immediately following the completion of the shift. No nurse shall wor k more than sixteen hours in a twenty- four-hour period. The nurse is responsible for informing the employer hospital of other employment experience during the twenty -four -hour period in question if this provision is to be invoked. To the extent that an on -call nurse has actually worked sixteen hours in a hospital, efforts shall be made by the hospital to find a replacement nurse to work. A covered hospital is defined as a facility licensed under the provisions of article five -b, chapter sixteen of this c ode, but does not include hospitals operated by state or federal agencies. A nurse is defined as a certified or licensed practical nurse or a registered nurse who is providing nursing services and is involved in direct patient care activities or clinica l services but does not include certified nurse anesthetists. Nurse Managers are included with respect to their delivery of in -hospital patient care, but this is in no way intended to impact on their 24 -hour management responsibility for a unit, area or se rvice. Exceptions : • A nurse may be scheduled for duty or mandated to continue on duty in overtime status in an unforeseen emergent situation that jeopardizes patient safety. • A nurse may be required to fulfill prescheduled on- call time, but nothing in this article shall be construed to permit an employer to use on -call time as a substitute for mandatory overtime. • A nurse may be required to work overtime to complete a single patient care procedure already in progress, but nothing in this article s hall be construed to permit an employer to use a staffing pattern as a means to require a nurse to complete a procedure as a substitute for mandatory overtime. • These provisions do not apply when a collective bargaining agreement is in place between nurs es and the hospital which is intended to substitute for the provisions of this article by incorporating a procedure for the hospital to require overtime. • These provisions do not apply to voluntary overtime. Complaint Process - Each hospital shall d esignate an anonymous process for patients and nurses to make staffing complaints related to patient safety. Any complaint to the Division of Labor regarding an alleged violation of the provisions of this article mu st be made within thirty days following t he occurrence of the incident giving rise to the alleged violation. The commissioner shall keep each complaint anonymous until the commissioner finds that the complaint has merit. Penalties: 1st offense – Reprimand 2nd offense* – Reprimand and a fine not to exceed five hundred dollars. 3rd offense* – Fine of not less than two thousand five hundred dollars and not more than five thousand dollars for each violation. *Second or third offenses only apply if the ne xt occurrence is within 12 months of a prior offense. All moneys paid as administrative penalties shall be deposited into the Health Care Cost Review Fund provided by Section Eight, Article twenty -nine - b, Chapter Sixteen of the West Virginia Code.
Other West Virginia Labor Law Posters 3 PDFS
There are an additional three optional and mandatory West Virginia labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
- Original poster PDF https://labor.wv.gov/Wage-Hour/More/Nurses-Overtime-Safety/Documents/Nurses%20Overtime%20and%20Patient%20Safety%20Act%20Poster.pdf , updated August 2019
- West Virginia Labor Law Posters at http://wvlabor.com/newwebsite/pages/Posters.html
- West Virginia Division of Labor
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