OSHA May Limit Residents' Work Hours

Assistant Secretary Dr. David Michaels issued a statement Thursday saying the agency will review and consider a petition seeking an 80-hour maximum per week.

The head of OSHA, Dr. David Michaels, said Thursday his agency will consider a petition seeking a limit of 80 work hours per week for medical residents and other rest and hours limits. The petition was filed by Public Citizen; the Committee of Interns and Residents/SEIU Healthcare; the American Medical Student Association; Dr. Charles Czeisler, Baldino professor of sleep medicine and director of the division of sleep medicine at Harvard Medical School; Dr. Christopher Landrigan, assistant professor of pediatrics and medicine at Harvard Medical School; and Dr. Bertrand Bell, professor of medicine at Albert Einstein College of Medicine.

"We are very concerned about medical residents working extremely long hours, and we know of evidence linking sleep deprivation with an increased risk of needle sticks, puncture wounds, lacerations, medical errors, and motor vehicle accidents. We will review and consider the petition on this subject submitted by Public Citizen and others," Michaels said. "The relationship of long hours, worker fatigue and safety is a concern beyond medical residents, since there is extensive evidence linking fatigue with operator error. In its investigation of the root causes of the BP Texas City oil refinery explosion in 2005, in which 15 workers were killed and approximately 170 injured, the U.S. Chemical Safety Board identified worker fatigue and long work hours as a likely contributing factor to the explosion."

The petition seeks these limits:

(1) A limit of 80 hours of work in each and every week, without averaging;
(2) A limit of 16 consecutive hours worked in one shift for all resident physicians and subspecialty resident physicians;
(3) At least one 24-hour period of time off work per week and one 48-hour period of time off work per month, for a total of five days off work per month, without averaging;
(4) In-hospital on-call frequency no more than once every three nights, no averaging;
(5) A minimum of at least 10 hours off work after a day shift, and a minimum of 12 hours off after a night shift;
(6) A maximum of four consecutive night shifts with a minimum of 48 hours off after a sequence of three or four night shifts.

The petitioners say proposed changes in resident hours by the private-sector Accreditation Council on Graduate Medical Education (ACGME) are not sufficient. "In the past, Public Citizen has successfully petitioned OSHA to protect workers by lowering the allowable workplace levels of various toxic exposures, such as hexavalent chromium, ethylene oxide, benzene, and cadmium. The dangerously excessive number of hours resident physicians are currently allowed to work is a similarly toxic exposure that OSHA has the authority to regulate and reduce in order to protect these physicians from harm," said Dr. Sidney Wolfe, director of Public Citizen's Health Research Group. "This is especially urgent since the current private-sector regulating organization, ACGME, has continued to abdicate its responsibility to adequately protect resident physicians."

The petitioners ask Michaels to exercise his authority under section 3(8) of the Occupational Safety and Health Act on grounds that working longer than the requested limits is harmful to resident physicians and subspecialty resident physicians, so a federal standard is necessary to provide them with safe employment. They claim research connects the typical resident work schedule to harm in four specific areas: motor vehicle accidents, mental health, pregnancy, and injuries such as needlesticks.

"Based on what we have learned from research evidence, we don't recommend that any physician stay awake for 24 hours or more, which is the case today," said CIR/SEIU Healthcare President Dr. Farbod Raiszadeh. "OSHA must intervene so that physicians in training are no longer at risk for needlestick injuries, car crashes, and other hazards that we know stem from chronic sleep deprivation."

Comments

Sat, Mar 24, 2012 DrP

I'm a physician long out of medical school. But my daughter is a medical resident. So I see the sitution first-hand. The ACGMS standards are essentialy unenforcable and the organization is run by the hospitals. Many residency programs treat the whole thing as a joke. When following the guidelines costs an average extra of $100-$200 per admission, a hospital can save millions each year by cheating. Just fire any resident who even brings the subject up and easily intimidate the rest. What's the career of a promising young physician against millions of dollars. OSHA regulation is sorely-needed.

Sat, Jun 11, 2011

I've been precticing medicine for over twenty years. It is routine that my position requires me to work for extensive periods, such as 48 hours of continuous call or working for 21 days without a day off. I get fatigued, probably more than a younger physician in training might. It is a consequence of continuous cutbacks in public funding of healthcare; more work being done by fewer people. My institution can't afford any more. Do you think I can "choose to work less"? Grow up. I can only choose not to have this job. The next time you get drunk and wreck your car look up at the doctor at the head of the operating room table; That person who's about to give you multiple drugs in lethal doses. Do you still think they should be working those longer hours? Are you glad that I worked all day and got called back in at three am and will have to work the following day to?

Fri, Dec 10, 2010 sheila sayles Michigan

What about the nursing professions? As a nurses aide, I have been completely exhausted and ill equipped to continue working and providing compassion. I have asked a doctor to intervene and limit my physical abuse. I have no answer as of yet, except I have fatigue or malaise! Bull... The body and mind have limits and need rest and sleep to remain healthy and alert.

Wed, Sep 22, 2010

hmmm.... don't we want well-trained residents? There is no money to increase the length of training, and so new physicians will have done fewer surgeries, seen fewer unusual patients and have had less experience. I would MUCH prefer a competent doctor than a well-rested one.

Fri, Sep 17, 2010

Don't you guys realize that they're doing this to save your lives. I wouldn't want anyone working on me that's been up over 24 hours probably high on coffee, 5 hour energy, and Monster. You guys are such boneheads, you need to wake up and get a life. Stop being so defensive just for the sake of being defensive. If you've got something against having a government that's looks out for the safety of it's workers maybe you should go to another country.

Wed, Sep 8, 2010

Why is it that government needs to intervene in our lives even more. While I personally do not wish to have a physician that has been up over 24 hours treat me or my family, it is sometimes necessary that this be done. I worked for 36 to 48 hours straight in the military at times. Do you want all doctors, military, and other vital service providing members to sleep all the time? What happens when you have to wake your doctor up for treatment in the middle of the night and he/she says sorry I haven't had 12 hours sleep and now the clock starts all over since you woke me up for medical reasons? Do you wait another 12 hours to be treated? I guess your appendix won't explode in 12 more hours or your heart won't stopp beating (during a heart attack) for another 12 hours. If it does, at least you can die knowing your doctor got a good night's sleep. WAKE UP AND GET IN THE REAL WORLD PEOPLE!!!!

Wed, Sep 8, 2010

Let's see...I'm on the operating table with my chest split open and my doc has to go home because OSHA says he's worked too many hours. Brilliant idea, guys! We can't legislate morality and it looks like common sense is also off limits.

Wed, Sep 8, 2010

'bout time.....

Wed, Sep 8, 2010

Practicing physicians have a choice as to what hours they are going to work or not work.

Wed, Sep 8, 2010

Residency as it stands today is a professional hazing process and needs to be reformed.

Tue, Sep 7, 2010

What about after residency? Is OSHA going to support work hours for practicing physicians as well.

Add your Comment

Your Name:(optional)
Your Email:(optional)
Your Location:(optional)
Comment:
Please type the letters/numbers you see above

Follow Us

Upcoming Webinars

6/19: Building a Fall Protection Plan and a Safer Workplace

This webinar will help companies write a detailed, site-specific fall protection plan that addresses their fall protection goals.

7/10: Combustible Dust: From Sparks to Fires to Explosions Identifying Precursors to Catastrophic Events

This webinar will provide valuable information on how partnering with the nation’s fire service assists facility owners, managers, and OHS professionals in identifying combustible dust hazards, preventing incidents, and reducing liability.

7/18: The United Nations Globally Harmonized System of Classification and Labeling of Chemicals, (GHS), will it revolutionize workplace safety?

We invite you to join us as we identify some of the pitfalls of GHS and some real solutions that can be implemented in your workplace today to simplify your chemical information and training program and enable your employees to work more safely with hazardous materials.

7/25: SPCC Regulations: What Do They Look Like Now?

This webinar will address the history and current status of EPA's Spill Prevention, Control, and Countermeasure (SPCC) rule, which is intended to prevent the discharge of oil to navigable waters or adjoining shorelines.

9/19: Shrinking Exposure Thresholds: Stay Ahead of the Game

The truth is that sensor technology is evolving rapidly and Dräger will show you how to trust this technology to stay ahead of the game.

Spotlight

For June 2013, OH&S puts the spotlight on: