Hospital Requiring Employees to take H1N1 Vaccine

Nurses General Nursing

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Just wanted to get some thoughts on a hospital requiring all employees who have contact with patients to take the H1N1 Vaccine. Thoughts about this being REQUIRED. If an employee refuses, they have to wear a mask for the entire flu season from the moment they walk on hospital grounds until they leave?

Thoughts would be greatly appreciated.

Dea

Specializes in Psych , Peds ,Nicu.

Unfortunately , if you work in an at will location , as long as the order complies with relevant laws , employers can make any demand of their employees . So this mandating of vaccines is probably legal , but will create very poor labor relationships .

I think earlier in the thread a good point was made , if you mandate vacination or have to wear a N95 mask , why is it that those whose status you do not know ie. visitors , administrators , physicians do not have to wear a masks ?.

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Specializes in ED.
Unfortunately , if you work in an at will location , as long as the order complies with relevant laws , employers can make any demand of their employees . So this mandating of vaccines is probably legal , but will create very poor labor relationships .

I think earlier in the thread a good point was made , if you mandate vacination or have to wear a N95 mask , why is it that those whose status you do not know ie. visitors , administrators , physicians do not have to wear a masks ?.

An employer can't discriminate against religion or disability. Legally, I suppose you could argue that requiring the flu vaccine would violate a religious belief, or if you have some kind of medical condition and can't get the vaccine. However, if the employer allows non-vaccinate workers to wear a mask then this might be considered a "reasonable accommodation", even though I think that the purpose of making a healthy person wear a mask serves no other function than branding. I know several people who had the Hep-B shot and 3 times and just wouldn't develop antiboides and they are all nurses. I also think that is a big difference between the "swine" flu and other shots. I don't need to get a Rubella vaccine if I can show I have titers against Rubella. It's not about getting "a little prick". I would gladly have my blood tested for anti-swine titers, but I don't believe there is a test for this. I find that interesting because they usually develop an anti-body test long before an antigen test. I would think that growing a swine flu human culture would be far more difficult than doing an ELISA for a swine antigen. Perhaps they just want everyone to get their stupid flu shot.

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Specializes in Oncology.

The H1N1 vaccine, from what I have heard, is made essentially the same way as the seasonal influenza vaccines have been, which is proven safe.

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"...And I'm not a Jehovah's Witness or anything, so I couldn't get exempt there either."

Correction. You do NOT need to prove affiliation with an accepted organized religion to "prove" religious beliefs.

"Unfortunately , if you work in an at will location , as long as the order complies with relevant laws , employers can make any demand of their employees ." Unless you are a prisoner making license plates, ALL employment is 'at will'. And no, that employer CANNOT make "any demand of their employees." The key phrase is "complies with relevant laws". The employer cannot demand you work 10 hours without a break, cannot demand you forfeit your pay, or turn over your first-born son.

There is NO LAW requiring anyone to submit to experimental treatment or medication. So, no employer can DEMAND that an employee submit to the same. If you are fired or laid-off as a result of refusing the swine flu vaccine, you ARE eligible for unemployment coverage.

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Specializes in Med-Surg, Wound Care.

I think earlier in the thread a good point was made , if you mandate vacination or have to wear a N95 mask , why is it that those whose status you do not know ie. visitors , administrators , physicians do not have to wear a masks ?.

This is a big point. If you're not going to require visitors show proof of immunization, then this is all a "for show" situation. Of all the nurse I know about 25% will take the h1n1 vaccine....can you imagine how many nurses would be running around with a mask on? Try explaining that to patients....that their nurse doesn't trust a new vaccine, yet they want the patients to get it.

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Specializes in NICU, Post-partum.
Why do you believe the legal issues surrounding the influenza vaccines are different than those regarding the vaccines for measles, mumps, rubella, tetorifice, and varicella? Those vaccines have been mandatory for many years. Students and employees are also required to get a PPD.

Regardless of what you may think about getting the vaccine, I don't see a reason for the legalities to be different for the different vaccines.

Do you also refuse to get the other vaccines?

They are NOT mandatory in every state.

You do not have to have them in some states:

1. If you have a religious waiver.

2. If you have a personal objection to it....some states recognize this and some states do not.

3. If you homeschool your children, you don't have to have them.

Here is the big difference that you are overlooking

Vaccinations required for a public school system where there are CHILDREN that is embedded in state law and you have to take steps to bypass is very, very different from a college that has ADULTS as student and there is no law in any state of the USA that requires you to take the flu shot.

Period.

I live in a state where if you have a PERSONAL OBJECTION to taking the vaccing, you sure as heck can sign a waiver for yourself or your children and there isn't a flipping thing the school can do about it...by law, they have to admit your children.

Now....I have all of the vaccines and so does my children, but the hospital can kiss my grits if they think I'm going to take a shot that has been thrown together and has problems during trials and virtually NO trials on the pediatric population.

I would tell the instructors to shove it and that I would be seeking the advice of an attorney of they tried to pull that crap on me when I was in school.

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I wouldn't get the shot. I never get a flu shot nor am I a guinea pig. I want to see everyone in administration take it if they are so in favor of it.

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Wait until all the patients and families start asking about why staff has masks on. Watch how quick they come off. They are just bullying staff and I wouldn't stand for it.

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Specializes in Psych , Peds ,Nicu.

i will be clear , i do not believe these shots should be mandatory

.

"...and i'm not a jehovah's witness or anything, so i couldn't get exempt there either."

correction. you do not need to prove affiliation with an accepted organized religion to "prove" religious beliefs.

"unfortunately , if you work in an at will location , as long as the order complies with relevant laws , employers can make any demand of their employees ." unless you are a prisoner making license plates, all employment is 'at will no we are not all employed at will , some work with a contract , in this case they have more protections than an at will employee ie. the employer has to find a just cause to fire you .'. and no, that employer cannot make "any demand of their employees."yes they can , as long as it complies with the following the key phrase is "complies with relevant laws". the employer cannot demand you work 10 hours without a break, cannot demand you forfeit your pay, or turn over your first-born son.they could ,but fortunately there are laws in place to stop them doing any of these

there is no law requiring anyone to submit to experimental treatment or medication. so, no employer can demand that an employee submit to the same. if you are fired or laid-off as a result of refusing the swine flu vaccine, you are eligible for unemployment coverage.

truly i hope you are correct , but as the employer would argue , the vaccine is not experimental treatment ( it will be licensed for use ) . i will reiterate , personally , i agree you should have choice whether or not to be vaccinated , but we go back to the key phrase , as long as the employer complies with relevant law , they can demand anything of their employees , who if they are at will employees will either have to do as mandated or face the consequences .:twocents:
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Specializes in ED.
The H1N1 vaccine, from what I have heard, is made essentially the same way as the seasonal influenza vaccines have been, which is proven safe.

Well, all of us nurses know that science doesn't "prove" anything. But semantics aside, the regular flu vaccine is believed to be fairly safe. At least safer than some other vaccines, such as smallpox. However, the flu vaccines to date have had all human component virus parts. This vaccine contains both swine and avian component parts. There is no way to know, without further study, what this vaccine will do to people and whether or not it is different from the "regular" flu vaccine. My point is that more research should be done on non-human flu variant vaccines before we start a mandate.

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Specializes in Psych , Peds ,Nicu.

I'm with you MikeyBSN , I wish our employers would respect our intelligence and persuade us , rather than mandate things . But then again their stupid ideas would never be implemented .

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Specializes in NICU, Post-partum.
Wait until all the patients and families start asking about why staff has masks on. Watch how quick they come off. They are just bullying staff and I wouldn't stand for it.

HA! That is exactly what is going to happen!

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