Nursing assistants, orderlies and registered nurses make up a significant chunk of the total number of back injuries suffered at work every year

NPR conducted an in-depth investigation into the working conditions of nurses, focusing specifically on how nurses suffer a shockingly disproportional number of back injuries. The authors concluded that “nursing employees suffer more debilitating back and other injuries than almost any other occupation — and they get those injuries mainly from doing the everyday tasks of lifting and moving patients”.

The NPR reporting was published as a series of articles, full of worrying data and heartbreaking stories, and the first four pieces alone added up to some 10,000+ words. Luckily the NursingJobs.us blog published a handy summary:

Back-breaking work? A shocking 4-part NPR report on the extraordinary health risks nurses face – and a couple of charts and leads of our own

The post does some follow-up work too, describing some of the impact the NPR stories had, and taking a closer look at one of the hospitals where the reporters found management to have treated injured nurses particularly callously.

The writer also observes that the NPR stories haven’t been the only recent reporting about the health risks nurses face. Nurses working rotating night shifts have an increased risk of death from cardiovascular disease and lung cancer, recent research has found; nurses suffer depression at twice the rate of the national population; and health care and social assistance workers in general are four times as likely to suffer an injury or illness because of violence at the workplace as other workers.

The number of musculoskeletal injuries by occupation, and how nursing assistants and registered nurses rank

Affinity Medical Center nurses Ann Wayt and Bethany Calloway

On Wednesday, Federal Judge John Adams ordered Affinity Medical Center in Massillon, Ohio to immediately reinstate nurse and union supporter Ann Wayt and to recognize the Ohio National Nurses Organizing Committee as the elected representative of the hospital’s nurses.

The case began in July 2013 when the National Labor Relations Board (NLRB) filed a petition for injunctive relief to enforce an administrative law ruling by Judge Arthur Amchan that Affinity Medical Center, an affiliate of the nation’s largest hospital chain, Tennessee-based Community Health Systems, violated labor law by refusing to recognize or bargain with the union after it won an August 2012 representation election and by firing long-time registered nurse and union supporter Ann Wayt on “pretextual grounds” in retaliation for her union organizing activity.

Registered nurse Ann Wayt worked at Affinity Medical Center for more than 25 years and was one of the facility’s most respected and recognized nurses. According to NLRB attorney Sharlee Cendrosky, in 2008 Wayt received both the Affinity Medical Center Nurse Excellence Award and the prestigious Cameos of Caring award from the University of Akron College of Nursing. In 2011, Affinity Medical Center opened a new Orthopaedic Unit and selected Wayt to work in the unit in part due to her reputation as an outstanding nurse. However, the hospital administration’s attitude towards Wayt reportedly changed significantly when she became an enthusiastic union supporter and organizer whose photograph appeared prominently in union brochures and promotional material encouraging registered nurses at the hospital to vote to be represented by a union. On the day before the union election, hospital administrators suddenly accused her of providing inadequate patient care and falsifying patient records. She was subsequently fired and the hospital reported her to the Ohio Board of Nursing for disciplinary action. At an April 2013 administrative law hearing, NLRB attorney Sharlee Cendrosky argued that the stated reasons for Wayt’s termination were not supported by the evidence and that the firing and report to the nursing board were done in retaliation for her union support and intended to discourage her fellow nurses from supporting or voting for the union:

This was meant to send a message to all the nurses at the hospital that supported the union, that if you continue to support this union that the hospital will not recognize, you will risk the one thing that allows you to practice as a nurse: your license.

After learning on Friday that the hospital had been ordered by a federal judge to reinstate Wayt, retract
its report to the Ohio Board of Nursing and expunge any reference to the disciplinary action against her from her personnel file, nurses at Affinity Medical Center celebrated and praised the ruling.

“Finally, a step in the right direction, justice for Ann and an opportunity to start contract talks. The federal law has spoken,” said Tamara Wiseman, a Medical Surgical/Telemetry RN.

“I will be so happy to have Ann back at the hospital. She is so respected at the hospital as a fabulous nurse and role model for so many at Affinity,” said mental health RN Michelle Canfora.

“CHS may think they are above the law, but this order sends a clear message. We look forward to having our sister Ann back and moving forward to contract negotiations that will improve patient care conditions at Affinity,” said Bob McKinney, Medical Surgical/Telemetry RN.

“Thank you Ann for staying strong! You have given us courage. We are so pleased to see justice prevail for Ann and all Affinity RNs,” said Intensive Care Unit RN Sarah Falanga.

Affinity Medical Center, which has strongly disputed the complaints by the union and the position of the National Labor Relations Board throughout the lengthy litigation process has not yet determined whether it will comply with the order or consider appealing it. In a story published on Sunday, reporter Christina McCune of Massillon’s The Independent newspaper reported that Susan Koosh, vice president of Marketing and Community Relations at Affinity Medical Center, stated that the hospital has received the ruling and is “taking time to review the decision and to consider our next steps.”

More information

• National Nurses United Press Release: Fed. Judge Orders CHS Ohio Hospital to Bargain With RNs & End Illegal Retaliation for Union Activity — 2014-01-24
• Calatrello v. DHSC, LLC Memorandum Opinion and Order by Judge John Adams — 2014-01-24
• Calatrello v. DHSC, LLC Petition for injunctive relief under section 10(j) of the national labor relations act — 2013-07-16
• Calatrello v. DHSC, LLC Petitioner’s memorandum of points and authorities in support of petition for injunction under section 10(j) of the national labor relations act, as amended — 2013-07-16 (43 pages)
• Calatrello v. DHSC, LLC Exhibit 9: Administrative trial transcript — 2013-04 (1280 pages)
• Calatrello v. DHSC, LLC Memorandum in Opposition to Petition for Injunctive Relief Under Section 10(j) of the National Labor Relations Act — 2013-08-12 (25 pages)
• Calatrello v. DHSC, LLC Declaration of Don Carmody — 2013-08-12 (45 pages)

Baystate Franklin Medical Center October 2012 nurse strike

After more than two years and 42 negotiation sessions, 200 nurses at Baystate Franklin Medical Center in Massachusetts have been unable to reach an agreement on a new contract.  On Wednesday, the hospital declared that negotiations in its 28-month labor dispute were at an impasse and that it planned to implement its contract proposal without agreement from the nurses.  The Massachusetts Nurses Association, which represents 200 nurses at the facility, characterized the declaration as an outrage and illegal and announced it planned to file additional complaints with the National Labor Relations Board (NLRB).   A similar 2012 attempt by Baystate Health to declare an impasse in a labor dispute at another Massachusetts facility resulted in the NLRB forcing it to rescind the declaration and continue negotiations.

“We are appalled at Baystate’s willful effort to flaunt the law, and their attempt to deprive nurses of their right to negotiate a fair agreement that is in the best interests of the nurses and the patients we work so hard to care for every day,” said Linda Judd, RN, a longtime nurse at the facility and co-chair of the nurses local bargaining unit of the Massachusetts Nurses Association and National Nurses United.

There was a one-day strike at the facility on October 2012 and Baystate Franklin Medical Center nurses are considering striking again.

“We don’t want to strike, we want to negotiate, but we may be left with no other option since Baystate shows no sign of wanting to negotiate in good faith,” said Judd.

A key issue in the dispute is daily overtime pay for consecutive hours worked beyond a standard 8 to 12 hour shift.  The hospital estimates that eliminating daily overtime pay would save it $80,000 per year. The Massachusetts Nurses Association puts the actual figure at $60,000 and notes that “the annual overtime costs for all 200 BFMC RNs is roughly equal to one week of Baystate Health CEO Mark Tolosky’s pay and benefits.”

WWLP-22News: Baystate nurses closer to strike

Video footage from October 2012 strike

Pennsylvania State Nurses Association CEO Betsy M. Snook (August 2013)

On Thursday, the Pennsylvania State Nurses Association, which represents over 212,000 nurses in the state, announced its support of proposed legislation legalizing medical marijuana in Pennsylvania.  While the American Nurses Association has publicly supported the legalization of medical marijuana for over a decade, Thursday’s announcement marked the first time a major professional medical association in Pennsylvania has publicly supported the legalization of medical marijuana.

Earlier this month, Pennsylvania state senator Mike Folmer introduced the the “Compassionate Use of Medical Cannabis Act” which protects patients from prosecution when seeking the use of medicinal marijuana and protects health care providers who suggest medicinal marijuana to relieve intractable medical conditions or symptoms.

“PSNA would like to thank Senator Folmer for bringing nurses to the table to discuss this important patient-driven initiative,” said Pennsylvania Nurses Association CEO Betsy M. Snook, MEd, BSN, RN.

However, the proposed legislation is unlikely to become law anytime soon as Pennsylvania Senate leaders have announced they have no plans to move it out of committee for a vote and even if passed, Pennsylvania Governor Tom Corbett is likely to veto it.  Corbett has stated that he would reconsider his position only if the FDA determines that medical marijuana is both safe and effective.

Negotiating committee members and their hospital co-workers waiting for representatives of L&M Corp. to show up for scheduled talks on December 10th.

Hundreds of nurses at Lawrence + Memorial Hospital in New London, Connecticut will return to work Thursday after being locked out for 18 days following a 4-day strike that began on November 27th.

“We want our staff back doing what they do best and for which they are so needed — caring for patients and serving the community,” said Lawrence + Memorial Hospital CEO Bruce D. Cummings in a statement released Tuesday.

The union and the hospital have not yet reached an agreement on a new contract.

“The decision by L+M to end the lockout is a very encouraging action that means there is positive movement by both sides to end the impasse. While the two sides negotiate, allowing trained nurses and staff to return to their posts will ensure that patients in southeastern Connecticut receive the high-quality care they deserve,” said U.S. Representative Joe Courtney.

Brief post-strike lockouts are common due to minimum contract lengths for temporary replacement nurses, this one was unusual due to its length and the tactics employed by the hospital to persuade nurses to ratify its proposed contract. In the days after the strike ended, Lawrence + Memorial Hospital sent letters to locked out nurses informing them that their healthcare insurance benefits were being immediately cancelled. While some protested that the cancellations did not meet a legal requirement to provide 20 days notice, the hospital reportedly claimed that the requirement did not apply to it because it was self-insured. Hospital representatives failed to show up at a negotiation meeting scheduled on December 10th and later offered nurses and techs bonuses of $250 to $1000 each if their contract offer was ratified by Monday. Union leaders rejected the offer and and filed unfair labor practice charges with the National Labor Relations Board (NLRB).

“The corporation’s latest ‘offer’ is little more than an attempted bribe of our nurses and techs,” said Kim Brault, a nuclear medicine technologist in L&M Hospital’s nuclear medicine department, PET/CT center.

“This was never about money. This has always been about patient care,” said Dale Cunningham, a registered nurse in L&M Hospital’s neonatal intensive care unit.

Nurses on strike at Lawrence & Memorial Hospital in New London, Connecticut

The day before Thanksgiving, over 800 nurses, therapists and technicians at Lawrence & Memorial Hospital in New London, Connecticut went on strike. The strike ended on November 30th but striking nurses have been locked out and are not expected to be allowed to return to work until a new contract is ratified. Contract negotiations resume on November 10th. This is the first strike by nurses at Lawrence & Memorial Hospital. In November 2009, unions representing RNs, LPNs and technicians at the hospital voted to authorize a strike but the strike was averted after a resolution was reached.

AFT Healthcare in Connecticut has recently started airing a local television ad campaign titled “I am L&M” to raise public awareness of its positions.

Nurses on strike at Watsonville Community Hospital in Watsonville, California

Nurses on strike at Barstow Community Hospital

On December 3rd, 275 nurses at Watsonville Community Hospital in Watsonville, California
began a 24-hour strike over understaffing and other issues. The nurses at Watsonville Community Hospital have been working without a contract since October 1st. The same day, nurses at Barstow Community Hospital (in Barstow, California) and Wilkes-Barre General Hospital (in Pennsylvania) also went on strike. All three hospitals are owned by Community Health Systems in Franklin, Tennessee.

National Nurses United, the largest nurse union and professional association in the United States, helped organize the strikes along with the California Nurses Association and the Pennsylvania Association of Staff Nurses and Allied Professionals. The same day, National Nurses United also picketed two other Community Health Systems (CHS) hospitals: Affinity Medical Center in Massillion, Ohio and Greenbrier Valley Medical Center in Roncevrte, West Virginia. It also held press conferences at two other CHS hospitals: Bluefield Regional Medical Center in Bluefield, West Virginia and Fallbrook Hospital in Fallbrook, California.

Nurses on strike in Spokane, Washington.

On December 4th, nearly 1000 registered nurses and hospital workers at Valley Hospital and Deaconess Medical Center in Spokane, Washington began a 24-hour strike. Strikers at Deaconess Medical Center were allowed to return to work at the end of the strike while nurses at Valley Hospital were temporarily locked out until the contracts for temporary replacement nurses ended on December 7th.

Ohio nurses on the picket line at Northside Medical Center (Source: Ohio Nurses Association)

Youngstown, Ohio – Nurses at Northside Medical Center returned to the picket line yesterday after some were locked out following a 24-hour strike by over 400 nurses. According to a report by 21 News, the hospital explained that some nurses were not allowed to return to work immediately because temporary replacement nurses were hired for a 3-day period. Lockouts are common following 1-day nurse strikes as hospitals are often unable to find replacement nurses who will agree to work for only one shift.

The 485 nurses at ValleyCare’s Northside Medical Center in Youngstown, Ohio have been working without a contract since July 2012. Earlier this month, United States Senator Sherrod Brown issued a statement urging the hospital and the union to come to an agreement.

“I urge ValleyCare to work towards reaching a fair and equitable agreement with more than 400 of its nurses,” Brown said. “Mahoning Valley workers deserve good wages and working conditions. And Mahoning Valley citizens deserve high quality health care. A negotiated and ratified contract will benefit the workers and their families, the hospital management, and the local community. That is why I gladly offer my assistance so that both sides can reach an agreement.”

Nurse strikes are often controversial due to concerns about the risks to patient safety.  However, strikes are usually announced well in advance to give the hospital enough time to hire temporary replacement nurses.  Per diem and travel nurses who care for patients during nurse strikes earn above-average pay and are usually reimbursed for housing and travel costs.  According to a press release by the Youngstown General Duty Nurses Association, the hospital is paying the replacement nurses $55 per hour which is well above the median pay rate of $28 per hour for nurses in Ohio and the reported hourly pay rate for nurses at Northside (which starts at $23.88 and tops out at $29.88).

21 News: Picket line up again at Northside Hospital

Hurley Medical Center (Photo courtesy of Signs by Crannie)

Hurley Medical Center has settled a lawsuit filed by three of its nurses but a second lawsuit by a fourth nurse remains pending.

On January 21, 2013, Tonya L. Battle, a nurse employed at Hurley Medical Center in Flint, Michigan for the past 25 years filed a lawsuit alleging the hospital reassigned her and other nurses to comply with a father’s request that no African-American nurses be allowed to take care of his child in the neo-natal intensive care unit (NICU).  The case was moved to federal court on February 18, 2013.  Two additional nurses were added as plaintiffs and the suit was settled on February 20, 2013.

On February 21, 2013, a second lawsuit was filed on behalf of nurse Carlotta Armstrong by Flint attorney Tom Pabst.  That case remains pending and has not yet been settled.  Unlike the complaint in the first lawsuit, the complaint in the second case is careful to only make claims based on Michigan state law and does not make any claims based on federal law that could have resulted in the case being transferred to federal court.

Avery Building at St. David’s School of Nursing in Round Rock, Texas. (Photo by Macuser1112/Wikipedia)

Nurses have certainly been in the news this week.

On Monday, Mary Ann Roser at the Austin-American Statesman reported that about 650 nursing students at Texas State University St. David’s School of Nursing in Round Rock, Texas have been excluded from training at a Seton hospital located across the street from their campus.  Some of them have to drive up to 90 miles to and from their assigned training locations.  The exclusion is partly due to the limited number of nurse training slots at Seton Medical Center Williamson.  However, Roser’s reporting reveals that the real reason for the exclusion is a petty squabble over the naming and funding of the new nursing school which opened in 2010 and has already set a record for excellence with a NCLEX-RN® examination pass rate of 98.63% for its first graduating class.

“Recognizing there is a natural competitive dimension to this, it makes it more difficult for our nurses to train these students with ‘St. David’s’ written on their chest,” said [Charles] Barnett [an executive at Seton’s parent company, Ascension Health], referring to the identification label the students wear. “I’m not interested in making our nurses uncomfortable in any way.”

—Nursing students caught in middle of hospital skirmish

On January 21, 2013, Tonya L. Battle, a nurse employed at Hurley Medical Center in Flint, Michigan since 1988, filed a lawsuit alleging the hospital reassigned her and other nurses to comply with a father’s request that no African-American nurses be allowed to take care of his child in the neo-natal intensive care unit (NICU).  The lawsuit began receiving widespread national media attention three weeks later. On Monday, February 18, 2013, the suit was moved from Genesee County Circuit Court to the U.S. District Court for the Eastern District of Michigan based on the hospitals’s assertion that the District Court held “original jurisdiction over Plaintiff’s claim under the first and fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983.

On Thursday, it was announced that a second nurse had filed a lawsuit against the hospital.

In Massachusetts, there will be a hearing today to determine under what circumstances exceptions to the recently passed ban on mandatory nurse overtime may be allowed:

Representatives from the Massachusetts Nurses Association/National Nurses United, along with other health care and consumer advocacy groups will be among those testifying this Friday, Feb. 22, when a special Quality Improvement and Patient Protection Committee of the Health Policy Commission will hold a hearing to assist the Commission in strengthening and clarifying a key provision of a recently enacted law to ban the dangerous practice of mandatory overtime for nurses in acute care hospitals.

• When:  Friday, Feb. 22, 2013 from 9 – 11 a.m.
• Where:  Worcester Hospital and Recovery Center Conference Room, 309 Belmont St., Worcester, MA

MNA Media Advisory: Health Policy Commission to Hold Hearing (Feb. 22) on Recently Enacted Law to Ban Mandatory Overtime for Nurses

As is to be expected there are wide regional differences in the nurse job market.  The top three cities where nurses are in very high demand and recruiters are finding it very difficult to fill open nursing jobs are Fairbanks (Alaska), Midland (Texas) and Flagstaff (Arizona).  Nurses willing to work in those cities should have no problem finding a nursing job.  At the same time, the top three easiest places for recruiters to hire nurses are Bloomington (Indiana), Johnstown (Pennsylvania), and Muncie (Indiana).  Nurses seeking jobs in those cities may find it takes longer to find a nursing job.