NY coalition fights flu shot mandate for HCWs
Says H1N1 shots next to be required
A coalition of unions and occupational health and safety professionals has called on New York state health commissioner Richard F. Daines to withdraw the emergency regulation that requires all health care workers to receive flu vaccinations by Nov. 30. Copies of the three-page letter were sent to Gov. David Paterson and key committee chairs in the state legislature.
Under the letterhead of the New York Committee on Occupational Safety and Health (NYCOSH), the group also proposes that the New York State Department of Health (DOH) create a task force of stakeholders to assist in the development of a more effective, comprehensive approach to preventing the spread of influenza, revise DOH guidelines on respiratory protection for workers, and establish the N-95 respirator as the minimum level of protection for direct care of patients, residents, or clients with infectious respiratory illness. The NYCOSH coalition and other signatories to this letter made the following recommendations:
- Withdraw regulations mandating health care personnel to receive flu vaccinations.
- Create a task force of stakeholders to assist in the development of a more effective, comprehensive approach to preventing the spread of influenza.
- Revise DOH guidelines on respiratory protection for workers to more clearly state the need for a hazard assessment when selecting the proper level of protection.
- Establish the N-95 respirator as the minimum level of protection for direct care of patients, residents and clients who are suspected or confirmed to have an infectious respiratory illness.
Highlights of the letter included the following key arguments:
"[M]aking vaccination a term and condition of employment appears punitive rather than motivational. This punitive measure will have a negative unintended consequence. Many surveys have already documented that health care workers may not show up for work if effective infection control programs are not in place. That, coupled with the dismissal from service of those health care workers who do not accept the vaccination, will effectively decrease the number of health care workers needed to care for the anticipated surge of patients. Already there are reports that hospitals intend to separate health care workers from service if they do not comply with the mandate. . . . [F]acilities in the Albany area have notified health care workers in writing that if they do not receive the vaccination they will be put on administrative leave without pay. If they continue to refuse the vaccination, they will be separated from service.
A recently released survey of 190 American hospitals from coast to coast found that nurses at 15% of the hospitals did not have access to proper respirators. More than one-fourth of the hospitals had inadequate or no engineering controls to isolate swine flu patients from uninfected patients. Nurses reported wide gaps in safety gear, infection control training, and other prevention strategies. The documented lack of preparedness is a serious threat to public health, increasing the risk that our hospitals, not the health care workers, will become vectors of the virus.
Another shortcoming of the regulation is that it does not allow for a cultural or philosophical objection to vaccination, essentially taking away the freedom of self-determination to accept an invasive procedure. It therefore removes an unknown number of the health care providers from the work force. At a time when there will be a surge of patients with seasonal flu, and perhaps an additional surge because of the H1N1 virus, the loss of these health care providers will decrease the surge capability of affected facilities. The regulation does not consider the impact on the health care system of the employee who has to take sick time for a severe adverse reaction after receiving the vaccine under the mandatory requirement. These days away from work further decreases the already stressed staffing that will be needed during the flu season and may have been avoided if the employee had a choice, particularly if other more comprehensive strategies were in place."
A coalition of unions and occupational health and safety professionals has called on New York state health commissioner Richard F. Daines to withdraw the emergency regulation that requires all health care workers to receive flu vaccinations by Nov. 30.You have reached your article limit for the month. Subscribe now to access this article plus other member-only content.
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