Dear Sisters and Brothers,
On
The regulation applies to all persons employed in or affiliated with healthcare facilities (that are hospitals, diagnostic and treatment centers or in certified home health agencies) including but not limited to employees, members of the medical staff, contract staff, students and volunteers who either have direct contact with patients or whose activities are such that if they were infected with influenza, they could potentially expose patients.
CWA Locals across the State have inundated our offices with calls regarding the regulation and asking, “What is the Union doing to stop this?!” Here’s an update.
Legal Challenge:
CWA is working through the New York Committee For Occupational Safety and Health, with a number of other
Unions, researching the State’s right to mandate the vaccinations and we have
asked our legal counsel to research the issue as well. To
date, it has not been determined if there is a suit that can be brought against
the State. Once we have a determination,
we will get the word out ASAP.
Public Hearing:
The New York State Assembly Standing Committees on Health, Labor, Education, Higher Education
and Work Place Safety will be conducting a public hearing to receive
testimony on the current H1N1 issues including mandatory vaccination
requirements. CWA District 1 Health and Safety Director Micki
Siegel is scheduled to testify at the hearing on behalf of our members. If you are interested in attending, the
date is
over
Stated Opposition:
CWA was one of eighteen (18) member organizations of the Pandemic Flu Task Force that sent a strongly worded letter to Dr. Richard Daines, Director of the NYSDOH objecting to the mandatory nature of the requirement. The task force recommended that Daines:
-
withdraw the
regulations mandating heath 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; and
-
establish the N-95 respirator as the minimum level
of protection for direct care of patients, residents and clients who have
infection respiratory illness.
Demand to Bargain:
CWA believes that requiring employees to be immunized is a
mandatory subject of bargaining, and that our Employer’s must bargain with the
Can We Refuse to
Be Vaccinated:
Any employee that refuses to be vaccinated, if required, would be considered to be insubordinate and subject to removal from the work schedule and possible discipline. The Union is NOT RECOMMENDING that you refuse the vaccinations. Any employee that believes that they do not have enough educational information regarding the vaccination or is awaiting the outcome of negotiations may choose to delay being vaccinated for the time being. Employees that feel they are prepared to be vaccinated may be among the earliest personnel in line.
What We Can Do in
the Meantime:
Express your concerns and frustration directly to the
State. The Department Of Health has set
up a telephone hotline to accept concerns, but if you call you are advised that
concerns regarding the vaccination process must be submitted in writing! SO…PLEASE
WRITE A LETTER!
BUREAU OF HEALTH COUNCIL REGULATION AFFAIRS
CORNING TOWER BUILDING
The
In Solidarity,
James M Wagner, President
CWA Local 1122
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