Fight the Rollback of Child Labor Protections for Young Workers in Healthcare

The Department of Labor and Congressional Leaders Need to Hear from Us!

The Trump Administration, in their zeal to deregulate, is proposing to repeal a Department of Labor policy that protects young workers and their patients from getting injured in nursing homes and health care facilities.

This repeal would allow 16- and 17-year-old workers to operate powered patient lifting devices by themselves, with no assistance from an adult worker. These lifts are used to transfer, reposition patients who cannot lift themselves (out of a bed, chair, or off the floor). This common-sense policy of requiring a young worker to be paired with an adult 18 or older was put into place in 2011, and was based on an analysis conducted by the National Institute for Occupational Safety and Health (NIOSH). NIOSH concluded that 16- and 17- year-olds cannot safely operate power driven hoists to lift and transfer patients by themselves. Further, NIOSH found that most 16 -and 17- year old youths do not have the ability to properly assess the risks associated with using these power driven lifts, which could endanger their safety and the safety of their patients.

However, with no new data or risk analysis, the Administration, under the guise of expanding employment opportunities for young workers, is proposing to roll back child labor protections. The nursing home industry has the highest rate of injuries and illnesses of any industry in the US, and allowing 16- and 17-year-old nursing assistants to operate mechanical lifts without adult assistance would lead to more painful and potentially debilitating injuries to young nursing home workers, who lack sufficient experience and training to handle the challenging task of transferring residents with complex physical and mental disabilities.

We must fight back! The Administration’s true concern is deregulation and scoring points with big industry, leaving workers, including young vulnerable workers with needed child labor protections. The deadline for comments is November 26, 2018. The DOL and our elected representatives must hear from us – we must urge the DOL to abandon this new proposal, and instead to codify the current enforcement policy that allows a trained 16-17 year-old to use patient lifts when they are assisting a worker 18 or older.

We are asking you to take action!

  1. Send a postcard, letter/email (sample letter here), or call your congressperson to seek their support in pushing back on this proposed rule change. See attached draft letter/email, along with a contact list for the NYS delegation. If you are not sure who your congressperson is, check here. If you would like some postcards, contact sdonovan@wnycosh.org.  (Note: you will need to put a stamp on the postcard!)
  2. Write comments (need to be submitted by November 26, 2018) to the USDOL to oppose this proposed change to the child labor laws. Comments need not be long; you can use the template letter or our sample content below and add some of your own thoughts and concerns.  Comment here.
  3. Get co-workers and others to support this effort! Give them info to contact the DOL/congressperson to voice their disapproval of this proposed change.

Find your Representative's Contact Information Below

Senator Kirsten Gillibrand

Address: 478 Russell, Washington, DC 20510
Phone: 202-224-4451
Fax: 202-228-0282
Email

Senator Charles Schumer

Address: 322 Hart State Office Building, Washington, DC 20510
Phone: 202-224-6542
Fax: 202-228-3027
Email

1st District: Lee Zeldin (R)

Address: 1517 LHOB, Washington, DC 20515
Phone: 202-225-3826
Fax: 202-225-3143
Email

2nd District: Peter King (R)

Address: 339 CHOB, Washington, DC 20515
Phone: 202-225-3826
Fax: 202-225-3143
Email

3rd District: Thomas Suozzi (D)

Address: 226 CHOB, Washington, DC 20515
Phone: 202-225-3335
Fax: 202-226-2279
Email

4th District: Kathleen Rice (D)

Address: 1508 LHOB, Washington, DC 20515
Phone: 202-225-5516
Fax: 202-225-5758
Email

5th District: Gregory W. Meeks (D)

Address: 2234 RHOB, Washington, DC 20515
Phone: 202-225-3461
Fax: 202-226-4169
Email

6th District: Grace Meng (D)

Address: 1317 LHOB, Washington, DC 20515
Phone: 202-225-2601
Fax: 202-225-1589
Email

7th District: Nydia M. Velázquez (D)

Address: 2302 RHOB, Washington, DC 20515
Phone: 202-225-2361
Fax: 202-226-0327
Email

8th District: Hakeem Jeffries (D)

Address: 1607 LHOB, Washington, DC 20515
Phone: 202-225-5936
Fax: 202-225-1018
Email

9th District: Yvette D. Clarke (D)

Address: 2058 RHOB, Washington, DC 20515
Phone: 202-225-6231
Fax: 202-226-0112
Email

10th District: Jerrold Nadler (D)

Address: 2109 RHOB, Washington, DC 20515
Phone: 202-225-5635
Fax: 202-225-6923
Email

11th District: Daniel Donovan (R)

Address: 1541 LHOB, Washington, DC 20515
Phone: 202-225-3371
Fax: 202-226-1272
Email

12th District: Carolyn Maloney (D)

Address: 2308 RHOB, Washington, DC 20515
Phone: 202-225-7944
Fax: 202-225-4709
Email

13th District: Adriano Espaillat (D)

Address: 1630 LHOB, Washington, DC 20515
Phone: 202-225-4365
Fax: 202-226-9731
Email

14th District: Joseph Crowley (D)

Address: 1035 LHOB, Washington, DC 20515
Phone: 202-225-3965
Fax: 202-225-1909
Email

15th District: Jose E. Serrano (D)

Address: 2354 RHOB, Washington, DC 20515
Phone: 202-225-4361
Fax: 202-225-6001
Email

16th District: Eliot L. Engel (D)

Address: 2462 Rayburn HOB, Washington, DC 20515
Phone : (202) 225-2464
Fax: (202) 225-5513
Email

17th District: Nita Lowey (D)

Address: 2365 RHOB, Washington, DC 20515
Phone: 202-225-6506
Fax: 202-225-0546
Email

18th District: Sean Patrick Maloney (D)

Address: 1027 LHOB, Washington, DC 20515
Phone: 202-225-5441
Fax: 202-225-3289
Email

19th District: John Faso (R)

Address: 1616 LHOB, Washington, DC 20515
Phone: 202-225-5614
Fax: 202-225-1168
Email

20th District: Paul D. Tonko (D)

Address: 2463 RHOB, Washington, DC 20515
Phone: 202-225-5076
Fax: 202-225-5077
Email

21st District: Elise Stefanik (R)

Address: 318 CHOB, Washington, DC 20515
Phone: 202-225-4611
Email

22nd District: Claudia Tenney (R)

Address: 512 CHOB, Washington, DC 20515
Phone: 202-225-3665
Fax: 202-225-1891
Email

23rd District: Tom Reed (R)

Address: 2437 RHOB, Washington, DC 20515
Phone: 202-225-3161
Fax: 202-226-6599
Email

24th District: John Katko (R)

Address: 1620 LHOB, Washington, DC 20515
Phone: 202-225-3701
Fax: 202-225-4042
Email

25th District: Vacant, contact Sens. Schumer and/or Gillibrand

Address: 2469 RHOB, Washington, DC 20515
Phone: 202-225-3615
Email: Schumer and/or Gillibrand (see above)

26th District: Brian Higgins (D)

Address: 2459 RHOB, Washington, DC 20515
Phone: 202-225-3306
Fax: 202-226-0347
Email

27th District: Chris Collins (R)

Address: 1117 LHOB, Washington, DC 20515
Phone: 202-225-5265
Fax: 202-225-5910
Email

SAMPLE CALL SCRIPT 

Feel free to add details from your own experiences.

Hello, my name is                         . I am a constituent of Rep./Sen.                                . I am calling today about the Department of Labor’s proposed change to Hazardous Occupation Orders #7 (HO7) that would allow healthcare workers under 18 years of age to operate  patient lift devices without the assistance of an employee who is at least 18 years of age. This change would put workers AND patients at risk, and I urge Rep./Sen.                                to tell the Department of Labor not to change the rule. Thank you.

SAMPLE COMMENT 

Feel free to add details from your own experiences.

I am very concerned with the proposed revision to Hazardous Occupation Orders #7 (HO7), which would allow healthcare workers under 18 years of age to operate power-driven patient lift devices without the assistance of another employee who is at least 18 years of age.

To properly move, reposition, or transport a patient who is in frail or dependent condition requires the skills of a trained, adult worker who has thoroughly assessed a patient’s current condition, as it can change rapidly. NIOSH’s 2010 review noted that “the physical demands associated with operating…lifting devices are likely to exceed the maximum recommended strength requirements for many 16- and 17-year olds”. Young workers often underestimate their own limits, and may not seek assistance when working in busy healthcare facilities, out of view from more experienced staff.   I urge you to reconsider this revision, which would affect both young worker and patient safety protections.

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