Legislature(2007 - 2008)CAPITOL 106
03/13/2008 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB190 | |
| HB397 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 190 | TELECONFERENCED | |
| *+ | HB 397 | TELECONFERENCED | |
| *+ | HB 403 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 190-NURSING MOTHERS IN WORKPLACE 3:07:42 PM CHAIR WILSON announced that the first order of business would be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 190,"An Act relating to break times for employees who nurse a child." She then stated that Version E was before the committee. 3:07:52 PM ANNA SORENSEN, staff to Representative Sharon Cissna, Alaska State Legislature, related that in February, 2007, the governor established the Alaska Health Care Strategies Planning Council to address health care issues. The highest priority of the council was the recommendation of personal responsibility for one's health care. House Bill 190 complies with this priority by ensuring that nursing mothers are not hindered from being personally responsible for their own, and their children's, health. She explained that mothers are the fastest growing segment of the U. S. labor force, approximately 70 percent of employed mothers with children younger than three years of age work full time, one-third of these mothers return to work within three months after birth, and two-thirds return within six months. Furthermore, mothers who work outside the home initiate breastfeeding at the same rate as mothers who stay at home; however, the breastfeeding rate declines substantially in mothers who return to work resulting in a shorter duration of breastfeeding of their children. 3:09:54 PM MS. SORENSEN continued to explain that in Alaska, from 2000 to 2003, 43 percent of mothers of newborn infants reported that they were currently in school or working outside of their home. In addition, of the mothers who stopped breastfeeding their infants, 22 percent reported that one reason they did so was because they were returning to work or school. The United States Breastfeeding Committee reports that breastfeeding provides numerous well documented health benefits to mothers including: reduced risks for breast and ovarian cancer; reduced risk of bleeding after birth; reduced rate of diabetes; reduced rates of osteoporosis and bone fractures; the promotion of postpartum weight loss; and the promotion of emotional good health. 3:12:34 PM MS. SORENSEN then listed the many benefits breastfeeding provides for infants and the developing child. Furthermore, benefits to employers include less employee absenteeism, less employee turnover, faster return from maternity leave, lower utilization of employee health care benefits, and improved morale and loyalty. Fifteen states have laws related to breastfeeding or expressing milk in the workplace and Ms. Sorensen explained the different standards of each. 3:17:00 PM MS. SORENSEN indicated that SSHB 190, Version E, has three components that employers must provide: reasonable unpaid break time to an employee who is the nursing mother of a child; a private, secure, and sanitary room where an employee can breastfeed or express milk; and a procedure for enforcement. She then gave the definitions for "employer" and "undue hardship" that are proposed in the bill and noted that there are two amendments offered by Representative Cissna. 3:19:23 PM REPRESENTATIVE SEATON asked for the definition of "reasonable unpaid break time" as allowed by the bill. 3:20:19 PM MS. SORENSEN explained that a reasonable time generally includes 15 minutes to 30 minutes to nurse or express milk. 3:20:32 PM CHAIR WILSON observed that some employees may require additional time. 3:21:02 PM REPRESENTATIVE CISSNA explained that this is unpaid time and the bill specifies that any additional time needed was not to be paid by the employer. 3:21:48 PM REPRESENTATIVE ROSES indicated that this language is only acceptable to him with the passage of the amendment that removes the penalty section of the bill. 3:22:18 PM REPRESENTATIVE FAIRCLOUGH suggested that there should be a limit to the number of months or years that an employee could breastfeed, in addition to the amount of time taken each day. Also, she cautioned about the potential cost to an employer to provide an appropriate location in close proximity to the work space. 3:24:34 PM REPRESENTATIVE CISSNA pointed out that the bill stipulates a location "other than a toilet stall" which does not exclude a bathroom and provides some flexibility to the employer. Regarding the length of time for the mother to breastfeed, the first six months of a baby's life provide the highest benefits. However, the bill allows for an interactive process between an employer and an employee to address these issues and to build a strong work environment. 3:26:37 PM REPRESENTATIVE FAIRCLOUGH agreed that families and the health of children always come first. She related her personal experience in employing nursing mothers as a non-profit employer and the problems with limited space. Accommodating employees is a team effort, but one size does not fit all, thus the requirement of providing space would be a cost to an employer to implement the bill. 3:28:34 PM CHAIR WILSON questioned whether the language in the bill ensures fair treatment to an employer who has limited space. 3:29:51 PM REPRESENTATIVE CISSNA directed the committee's attention to page 1, line 10, which read: "(b) Unless to do so would create a substantial and undue hardship on the employer, ...." She acknowledged that in the case of an employee who works in a one- room office, nursing in the workplace would not be a good choice. The intent of the bill is to invite Alaskans to begin building on all of the possibilities to promote good health. 3:31:02 PM REPRESENTATIVE ROSES pointed out that the "undue hardship" clause of the bill allows for the consideration of the size and situation of the employer. The penalty clauses are being removed, and the statement of reasonableness covers his concerns. 3:31:53 PM REPRESENTATIVE GARDNER agreed with Representative Roses. 3:32:06 PM REPRESENTATIVE SEATON asked whether the term "undue hardship" corresponds with the American Disabilities Act (ADA) definition. He noted that the ADA definition requires a very high standard of modification to a workplace and a challenge to the bill may require a court interpretation. If the definition in the bill does not follow the ADA standard he said that he would support the bill. 3:33:19 PM REPRESENTATIVE CISSNA read page 2, line 7 through 9, of the bill. She opined that the definitions "don't sound like definitions that would come with physical disabilities." 3:34:03 PM REPRESENTATIVE SEATON disagreed and said that the ADA definition has broad implications for employers. Furthermore, he asked for the meaning of "sanitary room" on page 1, line 11, of the bill. 3:34:50 PM REPRESENTATIVE CISSNA responded that a "sanitary room" is a reasonably clean room with a sink and with soap and water available. 3:35:24 PM REPRESENTATIVE SEATON observed that those requirements would disqualify a private office. He suggested that the expectations of a "sanitary room" need to be on the record. 3:36:15 PM REPRESENTATIVE CISSNA stressed that the sponsor's intent was to provide an appropriately clean room, with or without running water. In a rural setting, employers may need to be creative. 3:37:03 PM REPRESENTATIVE ROSES advised that a food handler's permit requires a sanitary station which can be as simple as providing disinfectant wipes. As far as the ADA requirements are concerned, a lactating mother is not disabled. 3:38:17 PM REPRESENTATIVE SEATON acknowledged that was not his point; but it is important to provide the source of the definition. He assumed that an individual bathroom would be acceptable under some circumstances. 3:39:20 PM REPRESENTATIVE CISSNA agreed and suggested that a more general definition in the bill would be better. 3:40:00 PM REPRESENTATIVE GARDNER commented that she was shocked that her daughter was nursing in a bathroom at her work until her daughter said, "Oh, it's great, there's a big chair and counters." Representative Gardner opined that an acceptable room cannot be unsanitary, such as a mop closet or room filled with fish guts, but not necessarily sterile, either. 3:40:51 PM GREY MITCHELL, Director, Central Office, Division of Labor Standards & Safety, Department of Labor & Workforce Development (DLWD), said that having the penalty aspect of HB 190 removed solves many potential problems with the bill. 3:42:14 PM REPRESENTATIVE SEATON asked whether the definition of "employer" found on page 2, line 4, generally fits with definitions used by the DLWD. MR. MITCHELL said that some definitions require a certain number of employees. He opined that this language appears to be a broad definition and to encompass all employers, except for the federal government. 3:43:18 PM CHAIR WILSON asked whether the language fits the ADA standards. MR. MITCHELL said that he did not know. 3:43:39 PM REPRESENTATIVE SEATON asked how the DLWD would interpret "sanitary room" for enforcement purposes. MR. MITCHELL explained that bringing clarity to the term at this time would be helpful, otherwise provisions of case law would need to be researched to determine the meaning. 3:44:55 PM REPRESENTATIVE SEATON asked whether the discussion during the hearing today had provided ample clarity for the term. MR. MITCHELL stated that the comment made by Representative Gardner made the interpretation fairly clear. 3:45:34 PM CHAIR WILSON added that there are many women working in construction, with portable bathrooms, and no appropriate areas. She suggested "a sanitary room, much like found in a normal household." 3:46:17 PM REPRESENTATIVE CISSNA recommended "a not unsanitary room." On the other hand, a mother may be using a vehicle or another creative solution. 3:47:06 PM REPRESENTATIVE GARDNER advised that a sanitary room is a place where one is comfortable eating lunch. 3:47:25 PM REPRESENTATIVE ROSES opined that using a personal standard of home conditions may not be the right approach, given the variables of acceptability. The intent of the bill is relatively clear and he stated that he is comfortable with the existing language. 3:48:44 PM CATHERINE TAPEY, President, Alaska Breastfeeding Coalition, stated her support for HB 190, paraphrasing from a prepared statement which read as follows [original punctuation provided see packet]: The Alaska Breastfeeding Coalition supports bills SB 113 and HB 190, an act relating to break times for employees who nurse a child. As professionals, we see on a daily basis the dilemma of mothers as they return to work. We know that many women choose to quit breastfeeding sooner than they would like due to the difficulty they experience when trying to express their milk for their child during their work schedule. The passage of bills SB 113 and HB 190 will not only benefit breastfeeding mothers and their infants, but employers as well. Breastfed babies generally develop fewer occurrences of ear infections, lower respiratory infections, and GI illnesses during infancy and childhood. This translates into fewer absences from work by the parent. In addition, healthier children have fewer doctor visits reducing health care costs. As stated in a letter to the Editor of the New York Times by Dr. Audrey Naylor, "A goal of the United States Breastfeeding Committee is that 'every woman, regardless of her employment status, will have the opportunity to provide breast milk for her child.'" By showing support for SB 113 and HB 190 you can protect breastfeeding mothers from discrimination and support their efforts to raise healthy babies. We find this legislation to be a step forward in reaching that goal. 3:50:46 PM DEBRA GOLDEN, Nurse Consultant, Section of Women, Children & Family Health, Division of Public Health, Department of Health & Social Services, stated her support for HB 190, concurring with the presentation by Representative Cissna's staff. She highlighted the most applicable points previously made and cited statistics regarding the health of breastfed babies, provided by the Oregon Department of Human Services. 3:54:52 PM REPRESENTATIVE ROSES asked whether Ms. Golden was a public health nurse. MS. GOLDEN answered that she was a public health nurse in the past, but she now is a para-natal nurse consultant working for the Division of Public Health. REPRESENTATIVE ROSES asked Ms. Golden whether the committee had completely discussed the possibilities of what constitutes a private and sanitary room. MS. GOLDEN agreed that the issue had been well discussed and said that she was comfortable with language that described the space for nursing as a home-like environment; clean, but not sterile. 3:56:37 PM REPRESENTATIVE GARDNER asked for information regarding the average time that working women breastfeed. MS. GOLDEN opined that about 10 percent of women will breastfeed beyond one year. In addition, women who do not work or work part-time, breastfeed longer than those who work. 3:58:47 PM REPRESENTATIVE GARDNER observed that it would be reasonable for an employer to expect that an employee may breastfeed or express milk for one year or less. MS. GOLDEN agreed and added that the majority of women breastfeed for six months. She noted that some medical organizations recommend breastfeeding beyond twelve months. CHAIR WILSON opined that any amount of time breastfeeding is a benefit. MS. GOLDEN agreed that breastfeeding is important to the infant "early on." 4:01:06 PM ERIN MACARTHUR, Pediatrician; Board Member, Alaska Breastfeeding Coalition, stated her support for HB 190. She pointed out the preventative effects of breastfeeding on obesity and stated that obesity is a critical problem in Alaska. Dr. MacArthur clarified that a mother needs to express milk at work in order to keep a sufficient supply of milk for the growing needs of her infant. As a child approaches one year in age, the mother would need less time at work to express milk. 4:05:08 PM REPRESENTATIVE FAIRCLOUGH asked Dr. MacArthur to estimate how much time is necessary to require an employer to allow for a nursing mother. DR. MACARTHUR opined that a lunch break and two other breaks would be adequate as most mothers need 15 to 20 minutes of time. However, the comfort level for nursing or expressing milk plays a part in the length of time needed. 4:07:31 PM REPRESENTATIVE FAIRCLOUGH asked for clarification. DR. MACARTHUR said three times per day is needed. 4:07:45 PM CHAIR WILSON asked whether three times during an eight-hour shift is sufficient. DR. MACARTHUR said, "Allowing it every three to four hours is probably the better way to say it." 4:08:02 PM CHAIR WILSON surmised that, normally, workers have a 15 minute break in the morning and afternoon, and a lunch hour. DR. MACARTHUR noted that this schedule should work for most mothers. 4:08:30 PM COLLEEN TURNER, Executive Director, Resource Center for Parents and Children, paraphrased from a prepared statement, which read as follows [original punctuation provided]: Our mission is [to] create a culture that values parenting and keeping children safe. I am here today to talk with you about HB 190 and my support for the bill. It is unfortunate a bill such as this is needed. It only seems natural that breastfeeding mothers should be afforded whatever is needed to make the experience the best possible for the mother and child. I have been a business leader in the community for over 20 years, seven at the Resource Center. During that time we have had half a dozen women who have had newborns and chosen to nurse their babies. Again it only seemed natural to do everything we could do to make the experience a successful one. Because we recognize the value of breastfeeding we adopted policies that allow mothers to bring their children to work up until one year of age, if nursing. This practice kept valuable employees in the workforce longer, and strengthened the mother/child bond. We have been able to provide quiet, clean places to nurse. 4:10:08 PM DEADRA HALL, informed the committee that she was a nursing mom and stated her support for HB 190. She is a state worker and also works for Local 52. In her situation, she drives to her child's daycare in order to nurse at lunch. Having a permanent, designated place to nurse at work, and encouragement from her employer, would enable her child to be brought to her. Ms. Hall said that there are five nursing mothers in her department 4:12:10 PM CHAIR WILSON asked Ms. Hall what type of work she does. MS. HALL said that she is an office worker. She opined that time for nursing mothers does not place a hardship on her employer; nevertheless, providing a space is difficult. CHAIR WILSON asked about Ms. Hall's schedule. MS. HALL said that she expresses her milk twice and drives across town to nurse at lunch. 4:13:31 PM REPRESENTATIVE GARDNER asked how long working mothers have continued to nurse. MS. HALL related that one co-worker stopped after three months, because she was uncomfortable with the arrangements, and others continue for three to five months. 4:14:47 PM CHAIR WILSON asked how long Ms. Hall plans to continue. MS. HALL said that she wished to nurse for at least a year. 4:15:23 PM REPRESENTATIVE CISSNA asked how Ms. Hall's employer reacts to nursing mothers. MS. HALL stated that her employer is receptive and is willing to work with the mothers. 4:16:44 PM WILLIE ANDERSON, Lobbyist, National Education Association-Alaska (NEA - Alaska), described the support within NEA - Alaska for this bill and characterized it as a strong pro-family bill. Mr. Anderson pointed out that the NEA - Alaska health plan offers a pump benefit as part of its commitment to support breastfeeding mothers. He urged members to pass the bill out of committee. 4:18:37 PM CHAIR WILSON asked whether the teacher's lounge is an acceptable area for nursing mothers. MR. ANDERSON said that prior negotiations have been for a separate and private area, such as the nurse's office. 4:19:09 PM REPRESENTATIVE ROSES asked whether negotiations have included additional time, for teachers who are nursing, beyond planning time and lunch breaks. MR. ANDERSON explained that negotiations are on a case-by-case basis with the teacher and the school principal and additional time, beyond breaks, lunch and planning, has not been requested. 4:20:36 PM REPRESENTATIVE ROSES further asked whether the passage of this bill would change what has been negotiated thus far. MR. ANDERSON indicated that a change was not anticipated; in fact, trying to find time away from the classroom for a teacher was always difficult. REPRESENTATIVE ROSES agreed that it can be difficult and costly to find coverage for a classroom; the potential ramifications of this bill are unknown. 4:22:44 PM CHAIR WILSON warned that finding a private place for a nursing mother would be very difficult in some schools; in fact, sometimes the nurse is working in the hallway. She asked whether providing a substitute teacher would be an undue hardship for a school. MR. ANDERSON stressed that the times allowed by the language in the proposed bill are sufficient. He gave an example of an appropriate space that was provided for a teacher. CHAIR WILSON expressed her concern that cooperation would not always prevent lawsuits. 4:25:09 PM REPRESENTATIVE SEATON recalled that Alaska has existing statute that ensures that women can legally breastfeed anywhere they like, including in a teacher's lounge. He asked whether the bill was necessary to provide for expressing milk. 4:26:27 PM MR. ANDERSON explained that using the teacher's lounge was a modesty, not a legal, issue. The existing law does allow mothers to breastfeed. 4:27:33 PM REPRESENTATIVE GARDNER opined that there was a distinction between breastfeeding, which can be discreet, or expressing. 4:27:56 PM CHAIR WILSON closed public testimony. 4:28:19 PM REPRESENTATIVE CISSNA offered Amendment 1, which read: Page 1, line 14, through page 2, line 2: Delete all material. Page 2, line 3: Delete "(d)" Insert "(c)" REPRESENTATIVE CISSNA explained that this amendment removes any type of sanction against an employer who does not meet the requirements of the bill. 4:29:30 PM There being no objection, Amendment 1 was adopted. 4:29:44 PM REPRESENTATIVE ROSES offered Amendment 2, which read: Page 1, line 11: Delete ", secure," There being no objection, Amendment 2 was adopted. 4:30:42 PM REPRESENTATIVE FAIRCLOUGH offered Conceptual Amendment 3, such that on page 1, line 5, after "unpaid break time", the language "not to exceed three times" would be inserted. REPRESENTATIVE ROSES objected for discussion. 4:31:45 PM REPRESENTATIVE FAIRCLOUGH explained that the amendment sets the parameter so an employer would know that this is unpaid break time that fits into a regularly scheduled work day. 4:32:23 PM REPRESENTATIVE ROSES removed his objection. There being no further objection, Conceptual Amendment 3 was adopted. 4:32:34 PM REPRESENTATIVE FAIRCLOUGH offered Amendment 4, such that on page 1, line 5, after "nursing mother of a child" insert "up to six months of age." REPRESENTATIVE ROSES objected. REPRESENTATIVE FAIRCLOUGH explained that this amendment provides the employer with an expectation of the length of time that a new mother may nurse or express milk. 4:33:21 PM CHAIR WILSON suggested that the language provided by Ms. Golden was appropriate. REPRESENTATIVE FAIRCLOUGH re-stated that this gives an employer a specific time limit for the accommodation. 4:34:08 PM REPRESENTATIVE GARDNER opined that this bill would make a statement of support for a practice that would provide health benefits; therefore, a time limit does not seem appropriate. 4:34:41 PM REPRESENTATIVE SEATON pointed out that nothing in the amendment requires the employer or employee to stop the practice after a certain period of time; it just limits the mandate on the employer to provide accommodations. He then asked whether the amendment specifies six months or one year. CHAIR WILSON answered six months. 4:35:46 PM REPRESENTATIVE CISSNA suggested "no more than one year or twelve months." 4:36:11 PM REPRESENTATIVE FAIRCLOUGH stated that the intent of the amendment is to limit the employer's exposure. She opined that a change in labor practice in the state to require accommodations for nursing mothers would need more specific guidelines for employers, so employers could determine the fiscal impact. Representative Fairclough said that she was not opposed to a limit of twelve months. 4:37:45 PM REPRESENTATIVE SEATON offered Amendment 1 to Amendment 4, such that "six" was changed to "twelve." There being no objection, Amendment 1 to Amendment 4 was adopted. REPRESENTATIVE ROSES removed his objection to Amendment 4. Hearing no further objection, Amendment 4, as amended, was adopted. 4:38:19 PM CHAIR WILSON asked about the difference between HB 190 and the existing Alaska statute that says mothers can nurse in public. 4:38:51 PM REPRESENTATIVE CISSNA explained that the current statute does not specify the work place. She then advised that the Center for Disease Control (CDC) held a teleconference concerning overweight children and revealed that breastfeeding is an important preventative step. In fact, the CDC is implementing training tools for states to work on ways to minimize the impact on businesses and enable employers to address this issue and support improved health across the nation. Representative Cissna encouraged Representative Fairclough's attempt to strengthen the bill from the employer's perspective. 4:41:11 PM REPRESENTATIVE ROSES further explained that the existing statutes were enacted to prevent a woman from being charged with indecent exposure while breastfeeding in public. House Bill 190 requires an employer to provide a place and an opportunity for an employee to breastfeed at her workplace. 4:41:45 PM REPRESENTATIVE FAIRCLOUGH offered Amendment 5, as follows: Page 1, line 10 and 11; Delete "(b) Unless to do so would create a substantial and undue hardship on the employer," Page 1, line 11, following "employer shall." Capitalize "An" Page 2 Delete lines 7-9 REPRESENTATIVE ROSES objected. REPRESENTATIVE FAIRCLOUGH recalled the difficulty defining "undue hardship" and the possible conflict with the ADA. Amendments 5 and 6 would eliminate the subjective language of the bill. REPRESENTATIVE ROSES asked for a reading of the Amendment. 4:43:21 PM REPRESENTATIVE FAIRCLOUGH modified Amendment 5 to include on page 1, line 11, after the word "shall", insert "make a reasonable attempt to." She concluded that the amendment would eliminate the possible problem with the ADA and use the word "reasonable," which is a term already defined in law. 4:44:22 PM REPRESENTATIVE GARDNER asked whether "reasonable" can include factors such as the size of the business, its financial resources, and the nature and structure of its environment, so that the expectation of different businesses can be appropriate. REPRESENTATIVE FAIRCLOUGH opined that "reasonable" can be accommodating to different situations. She cited the language used in New York is "employers must allow breastfeeding mothers reasonable unpaid break times to express milk and to make a reasonable attempt to provide a private location." 4:46:11 PM REPRESENTATIVE GARDNER stressed that "reasonable" also includes financial aspects and a variety of factors. REPRESENTATIVE FAIRCLOUGH clarified that "reasonable" includes modifications that might be required and cause expense to the employer to provide accommodations to the mother. 4:46:48 PM REPRESENTATIVE ROSES removed his objection. Hearing no further objection, Amendment 5 [as modified] was adopted. 4:47:44 PM REPRESENTATIVE GARDNER moved to report SSHB 190, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSSSHB 190(HES) was moved out the House Health, Education and Social Services Standing Committee
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