Oregon Oregon Health Authority, Public Health Division

Rule Rule 333-510-0130
Nursing Staff Member Overtime


(1)

For purposes of this rule “require” means to make compulsory as a condition of employment whether as a result of a previously scheduled shift or hours actually worked during time spent on call or on standby.

(2)

A hospital may not require a nursing staff member to work:

(a)

Beyond the agreed-upon and prearranged shift, regardless of the length of the shift;

(b)

More than 48 hours in any hospital-defined work week;

(c)

More than 12 hours in a 24-hour period;

(d)

During the 10-hour period immediately following the 12th hour worked during a 24-hour period. This work period begins when the nursing staff member begins a shift; or

(e)

During the 10-hour period immediately following any agreed-upon and prearranged shift in which the nurse worked more than 12 hours in a 24-hour period.

(3)

Time spent by the nursing staff member in required meetings or receiving education or training shall be included as hours worked for the purpose of section (2) of this rule.

(4)

Time spent on call or on standby when the nursing staff member is required to be at the hospital shall be included as hours worked for the purpose of section (2) of this rule.

(5)

Time spent on call or on standby when the nursing staff member is not required to be at the hospital may not be included as hours worked for the purpose of section (2) of this rule.

(6)

Nothing in this rule precludes a nursing staff member from volunteering to work overtime.

(7)

A hospital may require an additional hour of work beyond the hours authorized in section (2) of this rule if:

(a)

A staff vacancy for the next shift becomes known at the end of the current shift; or

(b)

There is a potential harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member.

(8)

Each hospital must have a policy and procedure in place to ensure, at minimum, that:

(a)

Mandatory overtime, when required, is documented in writing; and

(b)

Mandatory overtime policies and procedures are clearly written, provided to all new nursing staff and readily available to all nursing staff.

(9)

If a nursing staff member believes that a hospital unit is engaging in a pattern of requiring direct care nursing staff to work overtime for nonemergency care, the nursing staff member may report that information to the staffing committee. The staffing committee shall consider the information when reviewing the staffing plan as described in OAR 333-510-0115 (Nurse Staffing Plan Review Requirement).

(10)

The provisions of sections (2) through (8) of this rule do not apply to nursing staff needs:

(a)

In the event of a national or state emergency or circumstances requiring the implementation of a facility disaster plan; or

(b)

In emergency circumstances that include:

(A)

Sudden and unforeseen adverse weather conditions;

(B)

An infectious disease epidemic suffered by hospital staff;

(C)

Any unforeseen event preventing replacement staff from approaching or entering the premises; or

(D)

Unplanned direct care staff vacancies of 20 percent or more of the nursing staff for the next shift hospital-wide at the Oregon State Hospital if, based on the patient census, the Oregon State Hospital determines the number of direct care staff available hospital-wide cannot ensure patient safety.

(11)

Nothing in section (10) of this rule relieves the Oregon State Hospital from contacting voluntary replacement staff as described in OAR 333-510-0125 (Replacement Nurse Staffing Requirements) and documenting these contacts.

(12)

A registered nurse at a hospital may not place a patient at risk of harm by leaving a patient care assignment during an agreed upon scheduled shift or an agreed-upon extended shift without authorization from the appropriate supervisory personnel as required by the Oregon State Board of Nursing OAR, chapter 851.

(13)

Until the Authority defines “other nursing staff” as that term is described in ORS 441.166 (Need for replacement staff)(1), this rule applies only to “nursing staff member” as that term is defined in these rules.
Source

Last accessed
Jun. 8, 2021