An Act To Require Hospitals To Adopt Employee Illness and Injury Prevention Programs and To Provide Lift Teams and To Require Reduced Workers' Compensation Insurance Rates for those Hospitals
Maine Legislature, Session 125, LD 0466
Committee: Health and Human Services
Sponsors: CELLI
Amends: 22 MRSA §1832, 24-A MRSA §2382

Legislative Document 
No. 466 
H.P. 359 
House of Representatives, February 10, 2011 
An Act To Require Hospitals To Adopt Employee Illness and Injury 
Prevention Programs and To Provide Lift Teams and To Require 
Reduced Workers' Compensation Insurance Rates for those 
Hospitals 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CELLI of Brewer. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1832 is enacted to read: 
§1832.  Employee illness and injury prevention program 
By January 1, 2012 a hospital licensed under this chapter must adopt an employee 
illness and injury prevention program, referred to in this section as "the program," in 
accordance with this section. 
1.  Definition.  For the purposes of this section, unless the context otherwise 
indicates, "lift team" means a designated group of hospital employees who are specially 
trained to handle patient lifts and transfers and to use the equipment provided for that 
purpose by the hospital. 
2.  Employee back injury prevention plan.  The program must include an employee 
back injury prevention plan in accordance with this subsection. 
A.  The back injury prevention plan must include the designation of lift teams.  In 
addition to training lift team members, the hospital may train all hospital employees 
on appropriate patient lifting and the use of lifting equipment. 
B.  The hospital shall provide at least one lift team per shift and shall provide lifting 
equipment as required for hospital patients. 
C.  The hospital shall provide specialized training for lift team members, who must 
complete the training and demonstrate competence in appropriate and safe techniques 
for lifting and for using lifting equipment. 
D.  The employee back injury prevention plan must require lift teams to use lifting 
equipment unless specifically contraindicated for a patient. 
3.  Restriction.  A hospital may not take disciplinary action against an employee for 
the refusal of the employee to lift a patient in the absence of a lift team or appropriate 
lifting equipment if the refusal is due to concerns about the safety of the patient or the 
employee. 
Sec. 2.  24-A MRSA §2382, sub-§6 is enacted to read: 
6.  Rate reduction for a hospital that provides lift teams.  Beginning with policies 
issued or renewed on July 1, 2012, a workers' compensation  insurer shall provide a 
reduction in the rate for a hospital that provides lift teams and lifting equipment as 
required by Title 22, section 1832. 
SUMMARY 
This bill requires hospitals to adopt illness and injury prevention programs that 
include training in lifting patients and in the use of lifting equipment and the use of at 
least one lift team on each shift beginning January 1, 2012.  The bill protects employees 
from disciplinary action in certain circumstances.  The bill provides for a reduction in 
workers' compensation insurance rates for a hospital that provides lift teams and lifting 
equipment beginning with policies issued or renewed on July 1, 2012.