Arbitrator rules employer has right to flu shot policy

The BCNU is extremely disappointed with the recent arbitration decision upholding the controversial flu shot policy for healthcare workers. We are particularly concerned at the fact that the arbitrator did not give weight to the significant amount of evidence indicating the ineffectiveness of the vaccine.

Under the flu shot policy, healthcare workers must be vaccinated against seasonal influenza or wear a mask at all times during the declared flu season. BCNU has consistently taken a strong position opposing mandatory vaccination. While the union has never opposed the seasonal flu vaccine, we believe that any policy regarding its use should be based on education not coercion.

The employers' seasonal flu shot policy remains punitive. We believe that the requirement that workers wear a mask is simply an attempt to coerce them into getting a flu shot. It is for that reason BCNU takes exception to the arbitrator's conclusion that healthcare workers have a choice to submit to the flu vaccine or wear a mask, as refusal of either of these choices may result in disciplinary action.

We also continue to question the wisdom of employers' "attendance management" efforts. Attendance management policies result in workers reporting to work sick, counter to the stated infection control objectives of the mandatory flu shot policy.

The flu policy as stated applies to all individuals, including visitors, doctors and outside contractors, who enter a healthcare facility. We question whether health employers' will be able to effectively enforce the policy on the public and we have serious doubts about employers' willingness to police doctors to comply with the policy. The Ministry of Health did listen to some of healthcare workers privacy concerns and is no longer requiring the reporting of colleagues or the wearing of stickers indicating immunity.

BCNU will continue to support its members' right to make personal decisions about whether the flu vaccine is right for them. We encourage members to ask for exceptions to the policy if they cannot comply for medical or religious reasons, or if wearing a mask interferes with their ability to do their job effectively. Grievances should be filed if such exceptions are unreasonably denied.

Any member who is disciplined for not taking a flu vaccine should also file a grievance. We will continue to argue that a third option should be available that would include reassignment, vacation or leaves of absence during the flu season.

Members who are concerned about the effectiveness of either the vaccine or the masking requirement in preventing flu transmission, should request that the employer provide them with an N95 respirator. Advise your steward if this request is denied.

Finally, we will be monitoring how the policy is implemented and will be recommending further responses as the policy is rolled out.

What members should know:

• Familiarize yourself with your employer's flu vaccine policy. Ask your manager if you have questions about how the policy will be applied
• If you have a legitimate medical or religious reason for refusing a flu vaccine you should ensure that the particulars are documented on your employee health file before the deadline to provide proof of vaccination. You should also request a workplace accommodation.
• If you have an adverse reaction from a flu vaccine, complete an incident report and make a claim for Workers' compensation.
• If you choose not to be vaccinated ensure that you follow any applicable masking requirements. If you have a bona fide reason why you cannot wear a mask or wearing a mask will interfere with the performance of your work duties, ensure that you report this to your manager as soon as possible and request a workplace accommodation.
• If you have a concern about occupational exposure to biological agents, use personal protective equipment ie: N95. File a grievance if you have any problems in this regard.
• Take other precautions to prevent influenza including washing your hands and staying home if you are experiencing flu symptoms.

If you think the policy is being applied arbitrarily or unfairly, contact a steward.

For more information contact Marg Dhillon, BCNU Executive Councillor at mdhillon@bcnu.org.