MNA sues Brigham and Women's hospital over mandatory Flu vaccine

[Esme12, ASN, BSN, RN]

The Massachusetts Nurses Association, the union representing 3,200 nurses at the Brigham, said in its lawsuit that the hospital's mandate, which could lead to the firing of employees who refuse vaccination, violates a state regulation that explicitly bars hospitals from requiring employees to the receive vaccine if they don't want it, regardless of the reason.

what do you think?

Brigham and Women's nurses sue over flu shot mandate

[klone, MSN, RN]

This is what I wrote in the other thread:

Interesting to me that state law prohibits a mandate, yet many hospitals have such a mandate. Only the hospital which has union representation is disputing. It's interesting to me that these other hospitals haven't faced similar lawsuits.

[wtbcrna, MSN, DNP, CRNA]

It will be interesting to see how the other hospitals were able to institute the policy of mandatory flu vaccines without a legal obstacle.

My stance is still the same though public health trumps individual (non-health related) objections over getting the flu vaccine.

[Esme12, ASN, BSN, RN]

I agree it will be interesting to watch. The MNA is pretty active in MA. There are other facilities that are MNA that have higher compliance rates with vaccinations however I believe (I know of 2) they still allow an "opt out" option. Frankly, I am not surprised at all that there have been no other lawsuits...most people are not educated about the laws and don't take the time to research them. The Brigham is the strongest of the all as far as the MNA is concerned and they are the highest paid.

If the lawsuit actually goes to litigation, depending on the result, I wonder how many other MNA facilities will follow suit....or will we see an increase of lawsuits in general?

I have watched the MNA since its "conception" when it split having the "MNA" form a union and the developments that have followed. Some have been good...others not so good.

It is going to be interesting.

[elkpark]

Frankly, I am not surprised at all that there have been no other lawsuits...most people are not educated about the laws and don't take the time to research them.

Or maybe they just don't object to getting flu shots ...

[wtbcrna, MSN, DNP, CRNA]

They can always just change the policy to flu vaccine or mask or find another job.

[klone, MSN, RN]

I think it's reasonable to have a "flu vax or mask" policy.

[NRSKarenRN, BSN, RN]

Washington State Nurses Association filed suit in 2009 and won

Nurses Win Decision Against Virginia Mason's Mandatory Flu

..

.The arbitrator's decision found that the employer violated the terms and the very purpose of the collective bargaining agreement between WSNA and VMMC by unilaterally implementing this policy. The employer was ordered to "cease and desist its intended implementation of the flu immunization policy and remove such condition of employment from its Fitness for Duty policy."

WSNA absolutely supports the flu vaccination and in fact strongly encourages nurses to get them. But, it does oppose any health care facility threatening to fire people if they do not submit to the mandatory vaccination, especially in the absence of a declared public health emergency and a recommendation for mandatory vaccination by the Center for Disease Control and Prevention.

Seasonal Flu - Washington State Nurses Association

It is, however, worth noting that no studies have definitively illustrated that use of masks by either health care personnel (whether vaccinated or not) or infectious patients prevents influenza transmission. Requiring non-vaccinated personnel to wear a mask at all times while on duty gives a false sense of security to workers, patients, and visitors.

[elkpark]

Seasonal Flu - Washington State Nurses Association

It is, however, worth noting that no studies have definitively illustrated that use of masks by either health care personnel (whether vaccinated or not) or infectious patients prevents influenza transmission. Requiring non-vaccinated personnel to wear a mask at all times while on duty gives a false sense of security to workers, patients, and visitors.

I support the "vax or mask" policies, but in the sense that I think of the mandatory mask policies as less of an actual infection control measure and more of a public shaming of employees who refuse to take reasonable steps to protect the health of clients ... :)

[wtbcrna, MSN, DNP, CRNA]

I support the "vax or mask" policies, but in the sense that I think of the mandatory mask policies as less of an actual infection control measure and more of a public shaming of employees who refuse to take reasonable steps to protect the health of clients ... :)

The problem with masks is very few people wear them properly. You are supposed to change them regularly, anytime they get wet (you sneeze/cough then you are supposed to change your mask), and people often don't wear masks where they completely cover their nose and mouth.

[elkpark]

The problem with masks is very few people wear them properly. You are supposed to change them regularly, anytime they get wet (you sneeze/cough then you are supposed to change your mask), and people often don't wear masks where they completely cover their nose and mouth.

Yes, I agree with you -- they are pretty ineffective as an infection control policy. However, they are good for annoying and inconveniencing the staff who don't get flu shots, and identifying them to the public ...