The New York State Safe Patient Handling (SPH) law, or the zero-lift law, was passed in 2014 and is meant to reduce injuries to health care providers and patients that occur when providers lift, reposition and move patients. By properly utilizing assistive lift/transfer devices, providers can work toward accomplishing this goal while helping ensure comfort and safety for themselves and their patients.

This Risk Insights contains more information on the SPH law.

What Is Required Under the Law?

The New York state SPH law defines SPH as “the use of engineering controls, lifting and transfer aids or assistive devices by staff to perform the acts of lifting, transferring and repositioning health care patients and residents.” The law mandates that health care facilities have labor-management SPH committees and SPH policies.

SPH committees must consist of employees from various departments (e.g., senior leadership, risk management, providers, housekeeping and HR) who have relevant SPH knowledge or experience. At least half of the committee must be frontline nonmanagerial employees who provide direct care, including at least one nonmanagerial nurse and one nonmanagerial direct care worker. One of the two SPH committee co-chairs must be from management and one must be a frontline nonmanagerial nurse or direct care worker.

Additionally, in facilities that have employee representatives, at least one SPH committee member must be appointed on behalf of nurses and at least one must be appointed on behalf of direct care workers. For facilities with a resident council, at least one member of the SPH committee must be a representative from the resident council when feasible.

The committee is tasked with designing, recommending and implementing an SPH program. The program must be facility-specific and include or address the following:

• Best SPH practices that consider the type of facility and its service, patient populations, care plans, caregivers and the physical environment. Elements of the sample SPH policies and best practices disseminated by the New York State Health Commissioner may also be utilized.
• Procedures for conducting patient-handling hazard assessments.
• A process to identify the appropriate use of the SPH policy based on the patient’s condition and the available equipment while addressing how to handle contraindications.
• Provision of initial and ongoing SPH training and education.
• An investigation process for when an incident results in an injury or a near-miss to a patient or health care worker, as well as corrective action plans for such situations.
• The scheduling and review of the SPH program with an evaluation of the reduction of injury to patients and care providers in the report.
• The considerations of incorporating SPH equipment use and storage into facility construction or remodels.
• A process for when a covered employee may refuse to perform or be involved in patient handling or movement when the employee believes the action exposes the patient or employee to an unacceptable level of risk. This policy must ensure the employee makes a good-faith effort to ensure patient safety and brings attention to the matter in a timely manner.

What Facilities Are Covered?

The law applies to several types of facilities licensed under Article 28 of New York’s Public Health Law, including:

• General hospitals
• Diagnostic and treatment centers
• Clinics
• Residential health care facilities

It also applies to other facilities, including the following:

• State-operated group homes
• Health care units in prisons
• Health care units in the Office of Children and Family Services facilities
• Licensed facilities that provide health care services under the New York education law, executive law or correction law
• Hospitals and schools defined under the mental hygiene law

How Does This Law Help Employees Avoid Risk?

By following the New York state SPH law and facilities’ SPH programs, health care employees in New York are better positioned to make the movement of patients safer. In addition, the law helps health care employers:

Increase the quality of care.

• Make transfers of patients more comfortable and safe.
• Reduce the frequency of manual lifting, transferring and repositioning.
• Reduce patient injuries.
• Reduce staff work-related injuries and lost hours related to those staff injuries or fatigue.
• Increase employee morale.

For more information on the SPH law, contact us today.

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