On October 31, 2012, the Department of State Hospitals’ (DSH) new Neckwear Policy became effective. Your ACSS met with DSH to address the concerns and questions raised by impacted excluded employees.
DSH explained that the new policy is consistent with Cal OSHA’s review and recommendation that resulted from concerns of choking hazards being brought to CalOSHA by employees at Napa State Hospital. As part of their review CalOSHA identified other items that presented a choking hazard. Under the new policy DSH employees "working within any state hospital shall not wear any item that encircles the neck and could be used as a choking or strangulation device."
Examples of prohibited items include, but are not limited to:
- Neckties,
- Scarves,
- Necklaces, and
- Non-state issued lanyards.
The policy states that "all staff will wear state issued triple breakaway lanyard or state issued carabineer device to secure their Personal Duress Alarm (PDA) to their person. No other items shall be attached to these devices except the employee’s PDA and state issued identification badge."
Below are DSH’s responses to your questions:
Q: Are there any plans to increase staffing ratios to address safety concerns?
A: At this point DSH does not have any plans to increase staffing ratios. The current budget restrictions limit the department’s ability to increase staff. DSH was able to secure funding for additional PYs to ensure all thehospitals with open campuses had a grounds patrol.
Q: Why can’t employees use lanyards or carabineers that are not State issued?
A: State issued lanyards and carabineers must be used because they have been tested to work with the new DSH alarm system.
DSH tested several retail breakaway lanyards available for sale. The retail breakaway lanyards did not pass the tests conducted with DSH’s PDA system. Specifically the lanyards would breakaway before the PDA could be engaged. The PDA requires a pressure of 5 lbs.
A Psychiatric Technician at DSH -Napa, Mike Jarschke, developed a triple breakaway lanyard that will withstand the necessary pressure to engage the alarm and still break away to avoid the lanyard presenting a choking hazard. DSH will be manufacturing the triple breakaway lanyardsat DSH-Napa.
Q: Will enforcement be uniform across all DSH facilities?
A: There should be uniform application of the neckwear policy throughout DSH. If any violations are identified appropriate correction action will be taken in accordance with the department’s progressive discipline policy.
Q: How should excluded employees address non-uniform or lenient enforcement?
A: Excluded employees should work with their local hospital labor relations department to address enforcement of the neckwear policy.
Q: Will employees who work outside of patient area be required to adhere to the neckwear policy?Are there any exceptions for employees who interface with the public and/or are outside of patient contact? There is concern over maintaining professional attire, specifically the use of neckties.
A: Yes, all employees must adhere to the policy while at DSH facilities including headquarters. This includes when they are outside of patient areas. The neckwear policy does allow for the use of clip on ties. Employees can still maintain professional attire and comply with the neckwear policy.
DSH will consider exceptions for religious and medical reasons through the reasonable accomodation process. Requests for reasonable accommodation are reviewed by the DSH Equal Employment Opportunity Office.
Q: Currently many employees attach the key chit to the badge clip. Can employees attach key chit to the State issued lanyard or carabineer?
A: DSH is still evaluating whether the key chit can be safely attached to the same State issued lanyard or carabineer along with the Personal Duress Alarm (PDA). Currently only DSH-Patton utilizes a metal key chit. A determination will be made when the PDAS is implementedat DSH-Patton and employees will then be advised if a key chit can be attached to the State issued lanyard or carabineer.
Q: Can employees attach keys to the State issued lanyard or carabineer? Can employees attach keys to a personal carabineer separate from the alarm?
A: No, employees can’t attach keys to the State issued lanyard or carabineer. The keys interfere with the alarm.
Employees can attach keys to a personal carabineer as long as it doesn’t interfere with the PDA which would require it to be worn on the opposite side of the PDA carabineer.
Q: The policy states that staff will be issued either a “triple breakaway lanyard” or a “carabineer”. Will staff be able to choose which one i.e. preference?
A: Yes, employees will be able to choose either the State issued lanyard or carabineer, whichever is their preference.
Q: If any employee chooses a carabineer, can they place their state badge on the carabineer? There is concern that a badge must be worn above the waist.
A: Staff are expected to adhere to the hospital’s policy on where their state badge should be worn. If it is required to be worn between shoulders and waist, they would not be able to place their state issued badge on carabineer. In this case, the employee would continue to clip their ID badge to their clothing.