Minimum Staffing Laws

No, these individuals are not counted as tardy. Those with the authority to discipline these people believe that a little lateness can be understood, because they get off at 10p just like me and then have to travel. That's not a big deal to me - I stay till 10:30 anyway to make up for my lunch - but somehow these people are taking 2 hours to drive the 15 miles down the freeway to my facility. THAT makes me feel like I'm being taking advantage of - apparently it's thought that I am the person that they're supposed to get to cover them

The thing is, I can see where the DON's hands are tied because if she gets rid of these people and/or counts them as tardy because of all this, she won't have anyone at all to work night shift, and then where would we be? All but a couple of the night shift workers come from this other facility. This is why a blind eye is turned toward all this. Questionable management aside, these are good CNAs, very hard working (obviously to pull doubles regularly, ouch!) and we frankly need them. I just need them at 10:30, not 0000.

Another thing that occurred to me about all this is that adequate staffing is NOT my responsibility as an aide. Therefore, if the facility is not adequately staffed at night, how can I, as an aide, possibly be liable?

To answer previous questions:

Checked the OSHA website putting in every keyword I can think of, but still came up with nothing. I was thinking, since this facility is regulated by the "state", maybe I could find something there on possible consequences of my not staying over to make the legal minimum. Trouble is, I don't know the actual entity that does the regulation. All anyone ever refers to it as is "state".

I don't think HIPPA would help me - that's mainly concerned with privacy and such, not staffing or actual regulation of personnel, as I understand it.

My facility is ~75 beds.

I want to stay employed at this facility because a lot of the aides are such good role models for me (in everything but punctuality....) and I love my residents. But these 10-hour days kill me and I do feel seriously taken advantage of.

Thanks for the input so far guys, I really appreciate it!

It's not only me getting left behind - it's kind of an unofficial rule among us evening workers that we pull our share of this late stuff. But none of us like it and are trying to figure out a way to avoid it.

Your suggestions have all been fantastic! Based on them, here's my current plan of action:

1. Schedule a meeting with DON and ADON about this.
2. Draw attention to the problem, and suggest the solutions I've gotten here, namely staggering shifts at the two facilities, having a couple CNAs work 1600 to 2400, and bonuses for those that stay until night shift comes in.
3. Provide written notice that I will not be able to stay late any more.

Thanks so much for the good advice