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An Act To Require Hospitals To Adopt Employee Illness and Injury Prevention Programs and To Provide Lift Teams and To Require Reduced Workers' Compensation Insurance Rates for those Hospitals
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1832  is enacted to read:
§ 1832. Employee illness and injury prevention program
By January 1, 2012 a hospital licensed under this chapter must adopt an employee illness and injury prevention program, referred to in this section as "the program," in accordance with this section.
 
1.  Definition.     For the purposes of this section, unless the context otherwise indicates, "lift team" means a designated group of hospital employees who are specially trained to handle patient lifts and transfers and to use the equipment provided for that purpose by the hospital.
 
2.  Employee back injury prevention plan.     The program must include an employee back injury prevention plan in accordance with this subsection.
 
A.  The back injury prevention plan must include the designation of lift teams. In addition to training lift team members, the hospital may train all hospital employees on appropriate patient lifting and the use of lifting equipment.
 
B.  The hospital shall provide at least one lift team per shift and shall provide lifting equipment as required for hospital patients.
 
C.  The hospital shall provide specialized training for lift team members, who must complete the training and demonstrate competence in appropriate and safe techniques for lifting and for using lifting equipment.
 
D.  The employee back injury prevention plan must require lift teams to use lifting equipment unless specifically contraindicated for a patient.
 
3.  Restriction.     A hospital may not take disciplinary action against an employee for the refusal of the employee to lift a patient in the absence of a lift team or appropriate lifting equipment if the refusal is due to concerns about the safety of the patient or the employee.
Sec. 2.  24-A MRSA §2382, sub-§6  is enacted to read:
 
6.  Rate reduction for a hospital that provides lift teams.     Beginning with policies issued or renewed on July 1, 2012, a workers' compensation insurer shall provide a reduction in the rate for a hospital that provides lift teams and lifting equipment as required by Title 22, section 1832.
 
SUMMARY
This bill requires hospitals to adopt illness and injury prevention programs that include training in lifting patients and in the use of lifting equipment and the use of at least one lift team on each shift beginning January 1, 2012. The bill protects employees from disciplinary action in certain circumstances. The bill provides for a reduction in workers' compensation insurance rates for a hospital that provides lift teams and lifting equipment beginning with policies issued or renewed on July 1, 2012.