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March 13, 2002
Whistle-blower win
Union-backed law would protect workers - and patients
Union leaders hailed an agreement on legislation that would protect health care workers who blow the whistle on unsafe conditions for patients.
As New York Teacher went to press, the Assembly had unanimously approved the "whistle-blower" bill and the Senate was expected to act quickly. Now, unionists need to urge the governor to sign the measure.
"Whistle-blowers save lives and deserve protection," said New York State United Teachers Executive Vice President Alan Lubin. "That's why we've worked so hard to make this bill a reality. This is a law that will safeguard health care workers and patients."
Various versions of the bill have been approved three years in a row, but this is the first time the legislation was negotiated with the governor's office and has three-way agreement (from the offices of Gov. Pataki, Assembly Speaker Sheldon Silver and Senate Majority Leader Joseph Bruno).
Since the bill was vetoed last year, NYSUT has worked with the governor's and legislative staff to find common ground and improve the measure.
Lubin noted NYSUT successfully pushed for expansion of the legislation to include health care workers at public and private schools, school-based services and colleges.
The bill prohibits employers from retaliating against health care workers who advocate for patient care by going public with cases of unsafe conditions or institutional wrongdoing.
"Nurses are on the front lines of health care," Lubin said. "They see firsthand how the intense pressure to reduce costs sometimes jeopardizes patient care or leads to potentially dangerous working conditions."
"Right now, health care professionals are reluctant to speak out because they fear retribution - I'm handling a grievance right now for a nurse who (was disciplined after she) took that extra step to do the right thing," said Dorothea Meinecke, a nurse at Lutheran Hospital in Brooklyn who chairs NYSUT's Federation of Nurses and Health Professionals Advisory Committee. "This will give nurses the courage to stand up for what they know is right. Fighting for the rights of our patients should not leave us fighting for our jobs."
The new law, which would take effect immediately after it is signed by the governor, would give workers two years to institute a civil action against an employer. An employer found guilty of bad faith retaliatory action would face a penalty up to $10,000. Any fines would go into a new state fund dedicated to improving the quality of patient care.
Lubin noted this law is an important part of NYSUT's efforts to address the health care worker shortage.
It comes on the heels of a $1.8 billion health care reform law that will provide millions for recruitment and retention programs. The union is still pushing for an end to mandatory overtime and safe nurse staffing guidelines.
- Sylvia Saunders
Action alert:
Union members are asked to contact the governor's office and urge him to sign the whistle-blower bill protecting health care workers.
Many are using the union's Web site, politicalaction.nysut.org, to e-mail a message to the governor. You may also use the AFL-CIO's toll-free number, (877) 255-9417, to connect with the governor's office.
NYSUT.org. Copyright New York State United Teachers. 800 Troy-Schenectady Road, Latham, New York, 12110-2455. 518.213.6000.
http://www.nysut.org. For questions about this web site, contact the webmaster at bthomas@nysutmail.org.
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