New Proposed Rule Would Reverse Ban on Use of Lifts by Younger Staff

Posted on October 3, 2018 by Jonathan Lips

The United States Department of Labor (DOL) has published a proposed rule in the Federal Register (“Expanding Employment, Training, and Apprenticeship Opportunities for 16 and 17 Year Olds in Health Care Occupations Under the Fair Labor Standards Act”) to address an issue that has troubled LeadingAge Minnesota members for years. 

If finalized, this proposed rule would remove the operation of power driven patient lifts from the list of activities that DOL prohibits for 16 and 17 year-old workers. 

LeadingAge Minnesota and LeadingAge national strongly support this proposal.

As our national colleagues have shared: “States permit individuals under the age of 18 to become certified and work as CNAs. Prohibiting them from operating lifts without another individual who is over the age of 18 puts both aides and residents in an unsafe situation.  Further, given the serious shortage of people to fill CNA positions, this restriction has made staffing an even greater challenge.” 

We will be analyzing the rule and developing comments to submit the DOL but wanted members to have this good news right away. 

Meanwhile, please note that this is only a proposed rule.  The current prohibitions relating to use of lifts by 16 and 17-year old’s are still in effect unless and until the proposed rule takes effect.