Auditor General Eugene De Pasquale’s review of the Department of Labor and Industry’s (L&I) oversight of Act 102 “Prohibition of Excessive Overtime in Health Care Act” concluded that L&I missed deadlines for establishing regulations and failed to accurately record, investigate and respond to related complaints. L&I was scheduled to begin enforcing Act 102 for all health care facilities in July 2009.

The Pennsylvania State Nurses Association (PSNA), representing more than 218,000 registered nurses in Pennsylvania, was one of many health care organizations that worked toward successful passage of Act 102. This Act prohibits a health care facility from requiring employees to work more than agreed to, predetermined and regularly scheduled work shifts. Employees covered under Act 102 are individuals involved in direct patient care or clinical care services who receive an hourly wage or who are classified as non-supervisory employees for collective bargaining purposes.

“Over the last several years, PSNA has heard numerous complaints from both RNs and patients regarding non-compliance in overtime hours,” stated PSNA Chief Executive Officer Betsy M. Snook, MEd, BSN, RN. “Mandated overtime for nursing staff is dangerous to patient care. We are not surprised by the audit’s outcome and look forward to working with L&I Secretary Kathy Manderino to ensure future compliance.”