B.C. arbitrator holds up policy forcing doctors and nurses to receive vaccination or wear a mask
On Thursday, Oct. 24, the policy in British Columbia requiring provincial health-care workers to receive a flu vaccination or otherwise wear a face-mask was upheld in an arbitrator decision. The policy was intended to protect patients in health-care facilities from contracting the seasonal flu and other related illnesses, which in some cases can be fatal, especially against a weakened immune system.
In the ruling, arbitrator Robert Diebolt said the government’s policy is “a valid exercise of the employer’s management rights.” Diebolt further added, “It is indisputable that influenza can be a serious, even fatal, disease.” The mandatory flu-shot had been implemented by the B.C. government last year as a remedy to the alarming lack of vaccinated health-care workers, which was fewer than 50 per cent in some settings. However, the province’s Health Minister, Dr. Perry Kindall, said that over 68 per cent of B.C. health care workers chose to get the flu shot last year – this in comparison to just 30 per cent of Canadians over 12 years of age receiving the flu shot in 2012.
Unions and other organizations have been challenging the implementation of the policy during the last year, and consequently, the province has been hesitant to engage in disciplinary action against violators. With the law now upheld, however, the province and health-care institutions are comfortable with enforcing its provisions. Kendall said the program would have a range of options available to discipline health-care workers who do not abide by the policy, including education, engagement and termination.
The Health Sciences Association, Hospital Employees Union, and B.C. Nurses Union have been critical of the policy and of the ruling. They argued that health-care workers have a right to make decisions regarding personal health matters and should not be coerced into getting the flu-shot. Diebolt responded to this by saying the policy is fair because it allows health workers who can’t get the vaccine, or choose not to, to wear a mask instead. “Health care workers do not have to immunize; they have a choice to immunize or mask during the influenza season,” Diebolt writes.
Union members were not satisfied, claiming that wearing a facemask sends a message that the individual did not receive the flu-shot, exposing them to stigmatization and jeopardizing their right to privacy. Diebolt responded saying, “as to the mask, I am unable to characterize it as an invasive procedure. The union also characterizes a mask as stigmatizing. I am unable to agree.” Diebolt asserted that a rational connection between the policy and patient safety exists.
The legislation allows for accommodations to be made, for example, with regards to medical or religious reasons. These exceptions would be made on a case-by-case basis. B.C. is the first and only province with this sort of legislation.
The Ontario Ministry of Health has given seven suggestions to avoid getting the flu, the first of which is to get the vaccination. The remaining six suggestions are to wash hands frequently with soap and water; cover your mouth and nose when sneezing; use hand sanitizer that is at least 60 per cent alcohol; avoid touching eyes, nose and mouth; keep common surfaces, like keyboards and desktops, clean; and, while probably not feasible on campus, avoid large crowds of people.
Public Health Ontario, a Crown corporation, voiced concerns and supported the B.C. legislation, saying, “The way to provide the safest care with regard to influenza is to be immunized.” Ontario Health Minister Deb Matthews has said, however, that she is not considering mandatory immunizations at this time.
If you are choosing to vaccinate this season, the University of Guelph will be providing flu-shots on Oct. 31 and Nov. 4 in the University Centre Room 103 from 9 a.m. to 4 p.m.