When Does the OSHA Law of No Lifting Take Effect for New Hampshire and Minnesota?
- Although individual states may have their own regulatory bodies that use the name "OSHA," as generally used, OSHA refers to the Occupational Safety and Health Administration, a federal regulatory body that is part of the Department of Labor. Federal regulations promulgated under OSHA apply to all states, including New Hampshire and Minnesota.
"No lift" is shorthand for a policy designed to protect workers by limiting their ability to transfer patients from beds to chairs, toilets or elsewhere, without using some kind of ergonomic device. No-lift policies are generally favored by nurses' groups because they prevent injuries. - In 2003, OSHA issued regulations regarding transferring patients in nursing homes. These regulations were revised in 2009. The OSHA Guidelines for Nursing Homes state that "While specific measures may differ from site to site, OSHA recommends that manual lifting of residents be minimized in all cases and eliminated when feasible." This is merely a recommendation and does not have the force of law in any state. Employees have no new rights under this no-lift guideline, and employers incur no potential liability for failing to heed them.
- The guidelines provide suggested no-lift techniques for transferring patients from bed to chair, chair to toilet, chair to chair, car to chair, and bed to stretcher, as well as for repositioning patients in a wheelchair. These techniques call for using slings, transfer belts and mechanical lifts. The guidelines specify how many caregivers are needed to perform particular techniques. The guidelines include special provisions for moving patients weighing over 200 pounds.
- OSHA's web site includes a Success Stories page that describes results achieved by organizations that follow OSHA suggestions. While none of these success stories is about health workers in New Hampshire or Minnesota, the stories are of universal interest. OSHA claims that certified nurses aides, or CNAs, report feeling less fatigued and stressed at the end of the work day after a no-lift program has been implemented. Patients get more care because less time is spent on onerous lifting.
