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Washington State House Passes Safe Staffing Bill — Next Up, the Governor’s Desk!

Today the House passed the healthcare staffing bill (ESSB 5236), the final legislative hurdle in a long process, to begin addressing the ongoing hospital staffing crisis this legislative session. The bill now heads to the governor’s desk.

We would not have gotten this bill through the Legislature without the countless members like you who sent in selfies, signed in “pro” on bills, contacted your legislators, testified in hearings, and so much more. The voices of healthcare workers at the bedside pushed the State Senate to go farther down the path toward safe staffing than ever before.

ESSB 5236 reflects a compromise between SEIU Healthcare 1199NW, UFCW 3000, the Washington State Nurses Association and the Washington State Hospital Association. The final compromise will strengthen accountability to staffing plans and allow for corrective action by state agencies if necessary up to and including enforcing safe staffing standards on hospitals. It represents a meaningful step toward safe staffing.

The final bill:

  • Strengthens accountability to hospital staffing plans. If hospitals fall below 80 percent compliance with their staffing plans, they are required to report noncompliance to the Department of Health (DOH) and the Department of Labor & Industries (L&I). Noncompliant hospitals will be assigned a corrective action plan by L&I and DOH, which may include elements like safe staffing standards set by L&I that the hospital will have to follow.

  • Expands meal and rest break laws to include all frontline staff, closes loopholes to make mandatory overtime laws fully enforceable, and ensures hospitals follow the law. If there are more than 20 percent of breaks missed in a month, L&I will issue escalating penalties.

  • Funds the WA State Institute for Public Policy to conduct a study of existing staffing plans to establish what’s actually happening in WA hospitals and compare them to elsewhere. This study would set a baseline understanding of the staffing crisis in WA by a credible, nonpartisan source, and provide a benchmark against California and professional association standards for staffing levels, which is critical for continued work to ensure safe staffing in Washington.

After the Governor signs the bill, we will turn to implementation and enforcement. We will be reaching out about plans to educate members – particularly members of staffing committees – on the elements of the bill.