How Can I Take Action Against Resident Work Hours?

Visit the AMSA website, share your story anonymously and submit a petition to OSHA to limit resident work hours!...The site offers articles and stories to help!



http://www.amsa.org/hp/reswork.cfm




Time is a Dressmaker, Specializing in Alterations!Edited by: kmmath  at: 1/14/02 11:24:29 am

I did this last night. BTW, via the same website, you can also send letters to your state representatives to ask them to support the bill. I forwarded the address to my family members as well.



Interesting enough, I had to discuss it for a bit with my husband before he agreed to sign his name. He was afraid it would get back to someone! I think these kind of fears among residents--that they will somehow be viewed as a complainers, or as lazy--are huge contributors to the lack of change on this matter.



Anyway, thank you for the link. I was very happy to hear about the bill and to do something to push for its adoption!



Julia

[DCJenn]

I did the same, and sent the copies to my senators (yeah, like Jesse Helms is goning to support this...) and my representative. I have also forwarded it to my family members- especially since for the 800th time, Rick is going to miss a large family function becasue they won't let him leave town- not that he's scheduled to work- or to be on-call, he just can't leave town...UGH!!



Jenn

Thank you both for the feedback. I've also placed a link to this directly from the homepage so that anyone who pops by and visits will have the chance to help make some changes happen!!!



kris
Time is a Dressmaker, Specializing in Alterations!

That was very interesting, Julia - I feel the same way re: my husband's reaction. In fact, I have not even mentioned it to him yet b/c I am almost certain of his reaction: "no way" b/c of fear that he will be discovered by attendings, colleagues, etc. What a sad state residency is in right now!

[houseelf]

I'm glad to know that other people have reservations about blowing the whistle because of feared retaliation by their programs or the medical community. Part of me feels like this is my hubby's battle and he should be the one to take it on. Unfortunately, his method of dealing with an unacceptable workload is to complain to me and then work harder. In his defense, this profession is his dream and I know that he fears doing anything that would compromise it.



I haven't done anything yet, but I absolutely promise that I will. I need to mull the appropriate course of action over and resolve myself first.



Kelly

Hey guys...don't forget.you can do this ANONYMOUSLY...You don't HAVE to "blow the whistle" on your spouse's particular program if you don't want to...if you do, you don't have to say who you are!!! If you don't want to tell your story or blow the whistle..by all means...send the letter off...







Kris
Time is a Dressmaker, Specializing in Alterations!

One thing to keep in mind is that writing a letter of support to your state representatives does not necessarily constitute whistle-blowing about a particular program. The facts used in the letter are no great secret and any medical professional would probably not think anything of a resident's support for it. It would be quite different if programs were mentioned or complaints launched about specific programs. That, I am sure, my husband would NEVER consider risking...



In any case, a spouse's support for the bill certainly could not be viewed negatively.



I asked my family members to write in from their states...so far only think one did, but it's better than nothing, right?



Julia

This just in--my attorney and I have been dealing with the assistant director for the FSLA



What we have learned:



OSHA is an adjunct of the USDL and that being the case will more then likely not take up petition for Resident Work hours as residents are named as exempt under the act--Professional Employees/Note/section 2. However the FSLA is scheduled to be reviewed this year but as a matter of policy they will not release the exact date--look for updates on the USDL homepage--



Furthermore States can enact their own legislation however any hospital is going to defer to Federal Law--State Legislation is not really effective.



I am currently working with a couple of law clinics to bring about a class action law suit agains my partner's employer. The class action law suit is not for residents but for the probable thousands of patience that have recieved substandard medical care because physicians were exhausted.



The grounds of the suit will be based on negligent work practices endorsed and enforced by the hospital. This approach is looking much more promising and we are hoping to settle out of court of course with an internal work hours guideline that will be monitored by an outside source.



I have been working with the DEPT of Labor and this very nice asst director--she assures me that the item has been raised by staff and will more then likely be forwarded by staff for resolve even if they hear from no one which of course they will--I am hoping that everyone is going to read this and call the DEPT of labor--if you ask for a copy of the act and for them to pinpoint the section of the act that exempts residents they will probably call you.



I also have copies of the intro paper I have sent out as well as other information if anyone chooses to copy it and change some names and send it out.



So bottom line until the law is changed you can expect little if any redress from OSHA--the political reality is that most people will not make as much as doctors so in the end 99% of the population may be concerned when the issue comes up on 20/20- but will forget it by the time they go to bed



the issue is financial and until it costs hospitals more money to keep the work practice instead of hiring hospitalists nothing will change



So for what it is worth that is what I have found out--at least here that has been my experience--



As Kris and the county commission here will tell you I am more then passionate about this issue

http://www.house.gov/conyers/Residworkhrs.pdf



I take you have all seen the above correct--