With the onset of fall comes the controversy of whether or not to get a flu shot. This year, the state Department of Health (DOH) isn’t allowing certain health care workers to have a choice.
DOH issued an emergency regulation in August mandating “health care facility personnel” get the seasonal influenza and the H1N1 vaccines.
The affected PEF members work at the SUNY hospitals in Syracuse, Brooklyn and Stony Brook, and at Roswell Park Cancer Institute, Lockport Memorial and Helen Hayes Hospitals.
The
vaccines are to be provided free of cost, and health care workers must
receive them by Nov. 30.Refusing the shot
The mandate raises a concern about what happens if you refuse to be vaccinated.
PEF President Ken Brynien said the regulation requires personnel be immunized as a precondition to employment and on an annual basis. Failure to comply with an order to be vaccinated could result in a charge of insubordination and other adverse employment actions.
PEF encourages members to comply with the regulation, but is opposed to the mandate and the regulatory requirement.
“DOH acted without sufficient consultation with health care worker professional organizations and labor unions,” said Jemma Marie-Hanson, Region 11 coordinator and an RN at SUNY.
“It is PEF’s position this regulation has serious flaws that warrant its withdrawal,” Marie-Hanson said. “Instead of mandating vaccination, we are encouraging DOH to work in partnership with unions and employers in promoting voluntary vaccination and other influenza infection control measures.”
PEF is working with the New York State Nurses Association, Civil Service Employees Association, 1199 Service Employees International Union, DC37, United Federation of Teachers and other unions to address the mandate.
“We
don’t feel the vaccinations should be mandatory,” said Dee Dodson, PEF
Region 12 coordinator and chair of the PEF Nurses Committee. “It infringes
on peoples’ rights to choose what they introduce into their own bodies. Some
people have religious objections, others have health issues.”One exception
The regulation allows for an exception if the vaccine is medically contraindicated for an individual. It does not allow an exception for an individual’s religious or philosophical objection.
“PEF is very concerned no procedures are in place to protect members with religious or philosophical objections,” Brynien said.
PEF Director of Occupational Health and Safety Jonathan Rosen said the Centers for Disease Control and other health agencies promote a voluntary approach to influenza immunizations.
“DOH has made efforts to increase voluntary vaccination through informational kits, fliers and posters,” Rosen said. “It is our experience these efforts have not been fully embraced by the majority of health care employers and need to be bolstered.
“Protecting health care workers and patients from hospital-borne influenza requires a comprehensive approach to infection control. Narrowly focusing on vaccinations of health care workers misses the boat,” Rosen said.
“Health care facilities may use the vaccination requirement as a reason not to implement appropriate infection controls,” Brynien added. “The DOH has opposed providing N95 respirators to health care workers who provide direct care to infectious patients.”
PEF and the New York Committee for Occupational Safety and Health and state health care unions have made recommendations to DOH to withdraw the regulation to mandate the flu vaccinations to health care personnel.
They also have recommended creating a task force of stakeholders to assist in the development of a more effective and comprehensive approach to prevent the spread of influenza. And they have requested the revision of the DOH guidelines on respiratory protection to protect health care workers, patients, residents and clients.
“We also need to be vigilant in monitoring other work locations where the vaccine is encouraged but not required,” Brynien said. “If a member becomes aware that any work location, other than those we listed, requires employees to be immunized, he should contact the PEF Health and Safety Department immediately.”
For further updates, check the health and safety section on the PEF Web site for a fact sheet, and check the weekly PEF Information Line messages.
