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Suggestions to Combat Employer Vaccine Mandates
Fall 2010 has been marked with an increase in employer based vaccine mandates, mostly for the flu vaccine. Following is a list of suggestions we are currently sharing to help people avoid these mandates. We suggest you bookmark this page as we will be updating it as better suggestions become available. Options to oppose vaccine mandates include:
Right-to-refuse-flu-shots - pdf A nurse wrote a great letter and had success at getting out of the flu shot requirement. Letter is posted at: http://kellythekitchenkop.com Vaccination Risk Awareness Network in Canada (VRAN), now VaccineChoiceCanada.com has an excellent article on employer mandates. Introduction: Healthcare Worker & Student Vaccines Good News ONA Wins Second Decision on “Unreasonable and Illogical” Vaccinate or Mask Influenza Policies
September 7, 2018The Ontario Nurses’ Association (ONA) has won a second decision on the controversial vaccinate or mask (VOM) policy, striking down the policy in effect at St. Michael’s Hospital and several other hospitals that form the Toronto Academic Health Science Network (TAHSN). These policies force nurses and other health-care workers to wear an unfitted surgical mask for the entirety of their shift if they choose not to receive the influenza vaccine. After reviewing extensive expert evidence submitted by both ONA and St. Michael’s Hospital, which was the lead case for the TAHSN group, Arbitrator William Kaplan, in his September 6 decision, found that St. Michael’s VOM policy is “illogical and makes no sense” and “is the exact opposite of being reasonable.” In reaching this conclusion, Arbitrator Kaplan rejected the hospital’s evidence. A copy of the full decision is available here. Read rest of original story here:
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Many Hospitals Do Not Require Influenza Vaccinations for Staffers December 09, 2015 A new study reported that more than half of hospitals still do not require their doctors, nurses, and other healthcare personnel to get the flu vaccine. Findings from the study are published in Infection Control and Hospital Epidemiology. In 2013, a survey of infection prevention specialists on their hospitals' flu vaccine policies was carried out by the University of Michigan and VA Ann Arbor Healthcare System. Of the 386 hospitals that responded, only 42.7% said they required influenza vaccines for all healthcare providers. Another 10% responded saying they would require it for the next flu season. Among the VA hospitals, only 1.3% required flu vaccinations. Opposition from healthcare worker unions or concerns about staff opposition was cited as reasons by the non-VA infection prevention specialists for keeping their hospitals from requiring vaccination. The concern regarding union opposition was greater among VA hospitals where over one-fourth (27.6%) of surveyed infection control staff said it was a factor in the lack of a flu vaccination requirement. The researchers also noted the difference in willingness of hospital administrators to implement the vaccine requirement, with 22% of surveyed specialists saying their administration would not mandate the vaccine. About 22% of non-VA hospitals said their staff was "strongly encouraged" to receive the flu vaccine. Due to federal restrictions, over half of the 77 surveyed VA hospitals stated that they could not mandate the vaccine. Read rest of story here: http://www.infectiousdiseaseadvisor.com/influenza/many-hospitals-do-not-require-flu-vaccinations-for-staffers/article/458858/ More: News, etc MORE: Medical Exemptions:
How To Avoid Mandatory Vaccination Religious Exemptions: Do not overlook the religious exemption. No organization or business wants a lawsuit for refusing a religious exemption and even though you accepted other vaccines in the past, you are free to change your mind and religion as you wish. A scientific study of public health improvements quickly shows sanitary and nutritional reforms and NOT vaccines are responsible for the great reductions of disease incidence and mortality that occurred over many decades. Ponder the lack of science behind vaccination, note that insufficient testing precedes vaccine licensing, and acknowledge that frequent damages are caused by vaccines and it is likely you will consider it a moral imperative that we act to protect ourselves and our loved ones from what has become a commercialized superstition. Although many have awakened to this truth, it is necessary to keep in mind that science must NOT be argued in religious exemption affidavits. The doctrine of vaccination has become almost a religion to some of its adherents and no questioning is allowed. The Religious Exemption is one of the best tools for avoiding mandates, because, in the USA, religion is still protected by constitutional law. Whereas, science enjoys no such protection. If you need more help writing a letter for a religious exemption, click here for our page on religion and vaccines. Your Employer CANNOT Force Vaccinations or a MaskHealth Freedom Idaho - Vaccines, September 22, 2018 Attention Healthcare Workers! Your employer is guilty of discrimination when they force you to vaccinate against your religious and/or moral conscience. They are guilty of discrimination when they force you to wear a mask. While the federal government doesn't have the authority to override the state's vaccine mandates, it can enforce the right to freedom of religion or moral conscience for those individuals who are against vaccines.Religious conscience is tied to a religious tenet or belief. Moral conscience is similar to a religious exemption but goes further and is more like a personal belief exemption and doesn't rely on a religious tenet. Read rest of article here. Exemption from Hospital Vaccine Mandate by AAPS Dec 23, 2015 Many hospitals are requiring physicians to take the annual flu vaccine. This not because it helps patients, but because hospitals get a tiny increase in reimbursements if the entire staff is vaccinated. Lobbyists for Big Pharma probably put this reimbursement boost into law to sell more of their product. AAPS does not take a position on the annual flu vaccine, but we do take a position in favor of individual freedom to decline it. Fortunately, hospitals are supposed to recognize a religious exemption, and vaccines are not kosher under some interpretations of the Bible. AAPS has posted a template exemption letter based on Christianity. Other religions and philosophies may have similar rules against this, so this letter can be easily modified to comport with your own beliefs. Read rest of page and template letter here: https://aapsonline.org/exemption-from-hospital-vaccine-mandate/ Unions: ONA Wins Second Decision on “Unreasonable and Illogical” Vaccinate or Mask Influenza Policies
September 7, 2018The Ontario Nurses’ Association (ONA) has won a second decision on the controversial vaccinate or mask (VOM) policy, striking down the policy in effect at St. Michael’s Hospital and several other hospitals that form the Toronto Academic Health Science Network (TAHSN). These policies force nurses and other health-care workers to wear an unfitted surgical mask for the entirety of their shift if they choose not to receive the influenza vaccine. Read rest of original story here:
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Union says Ontario nurses can’t be forced to wear masks in flu season
TORONTO — The Canadian Press Sep. 10, 2015The Ontario Nurses Association says hospitals will no longer be allowed to shame health-care workers into getting a flu shot following an arbitrator’s ruling striking down a “vaccinate or mask” policy. About 30 Ontario hospitals implemented the policy, which forces nurses and other hospital workers to wear an unfitted surgical mask for the entire flu season if they do not get the influenza vaccine, ONA president Linda Haslam-Stroud said Thursday. The test case was against the Sault Area Hospital in Sault Ste. Marie, which tried to use the policy to boost their staff immunization rates, added Haslam-Stroud. “They were basically coercing and shaming nurses into getting the influenza vaccine if they individually chose not to take it,” she said. “They made them all wear masks and they had little stickers on their name tag that everyone knew meant ‘I don’t have my vaccine.“’ Read rest of story here: http://www.theglobeandmail.com/news/national/union-says-ontario-nurses-cant-be-forced-to-wear-masks-in-flu-season/article26306631/ In September 2004, Virginia Mason Medical Center wanted to be the first hospital in the nation to make flu shots mandatory for its staff and volunteers allegedly in an effort to protect patients. The Washington State Nurses Association opposed this requirement. On January 7, 2006, the United States District Court ruled in favor of the Nurses Association. You can read more of the story here. Even if you do not have a union, find out if the doctors in your organization are required to take the annual flu vaccine (or other vaccines) and if so, start a petition to make the mandated vaccine voluntary. Given that about 50% of doctors do not take the annual flu shot when it is voluntary, it is likely that much more than 50% will balk at effectively being told that they have neither the right to free choice nor the professional expertise to prescribe for themselves how to meet the challenges of remaining healthy while being daily exposed literally to hundreds of known pathogens which for the most part no vaccine exists. If a significant percentage of employees show their willingness to both organize against mandates and accept the possibility of employment elsewhere, the employer will likely relent on their mandate. Create a handout with vaccine facts and give it to everybody in your workplace to generate some opposition to simply standing in line for a mandated shot.
NOTE: Acceptance of Responsibility Forms This is an important tool since their policy is bound to cause harm to some employees due to biochemical individuality and increased risk based on medical history. This one size fits all vaccine policy must require someone to be held liable. Remember the creation of the H1N1 vaccine in 2009 and how the pharmaceutical companies, our government and administrators of the shot were all released of liability? There are now hundreds of people who are disabled from this one shot and they are not able to even file with the Vaccine Injury Compensation Program for damages. Here is the link to several such letters which you are free to modify and use. To date we have not known anyone who has signed such an acceptance letter. Without someone accepting liability, they cannot force the procedure. Legal Action
Asserting Your Vaccine Right to Informed Consent as an Employee * Consult with an attorney. Bring up the fact that, according to the CDC, no vaccine is 100% safe or 100% effective. As such, the mandate is a form of medical experimentation. International agreements forbid medical experimentation on human subjects without informed consent.
* Link to the Nuremberg Code on the Health and Human Services website here https://www.hhs.gov/ohrp/international/ethical-codes-and-research-standards/index.html. * An important and related document, the World Medical Association Declaration of Helsinki - Ethical Principals for Medical Research Involving Human Subjects is here https://www.wma.net/what-we-do/medical-ethics/declaration-of-helsinki/.
* See also:
https://www.hhs.gov/ohrp/regulations-and-policy/belmont-report/index.html
See 2016 News for: Federal authorities are suing a Pennsylvania hospital, alleging religious discrimination in the firing of six employees who refused to get flu shots. * Contact the ACLU and encourage them to pursue the protection of our civil liberties when it comes to illegal vaccine mandates in the workplace. * For some legal background on vaccine mandates, Alan Phillips (an attorney in NC) has an E book for Download for $24.95. http://www.vaccinerights.com/e-book.html * 100 Resources for Nursing and Medical LawLegal nurse consultants, nurse lawyers, medical malpractice lawyers, and general medical-legal consultants, offer information on how to deal with legal accusations of wrongdoing in the medical world. [Archived] http://onlinefnp.com/nursing-law/ * OSHA argues against mandatory flu shots for hospital employees [Archived] http://therefusers.com/refusers-newsroom/osha-argues-against-mandatory-flu-shots-for-hospital-employees/#comment-10877 See the news section on law suits provided by the EEOC against employers who refuse to allow accommodations for religious beliefs. For a reference to Title VII see Asheville flu vaccine case. Convene a Hearing Become Active More: Constitution & Law Documents for understanding and fighting mandated vaccination News: Hospital sued for discriminating against job applicant who refused flu shot A federal anti-discrimination agency is suing a Michigan hospital for rescinding a job offer after the job applicant refused to get a flu shot because it was against her religion. The U.S. Equal Employment Opportunity Commission filed suit against Owosso-based Memorial Healthcare, saying that the hospital violated the civil rights of a woman who applied for a job with the hospital but had the offer rescinded after she refused a flu shot, the EEOC announced Wednesday. https://www.marketwatch.com/story/hospital-sued-for-discriminating-against-job-applicant-who-refused-flu-shot-2018-02-15 Asheville flu vaccine case settled involving Christian, Muslim employees ASHEVILLE - Mission Hospital has agreed to pay $89,000 and to furnish other relief to settle a discrimination lawsuit involving Christian and Muslim workers who were fired after refusing to take the flu shot because they said it violated their religious beliefs ... The U.S. Equal Employment Opportunity Commission filed the April 2016 suit on behalf of three former employees, saying specifically that Mission violated Title VII of the Civil Rights Act which defines religious protections. “Title VII requires employers to make a real effort to provide reasonable religious accommodations to employees who notify the company that their sincerely held religious beliefs conflict with a company’s employment policy,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. “As a result of this lawsuit, Mission now has practices in place to better ensure that this happens." https://www.citizen-times.com/story/news/local/2018/01/12/mission-settles-flu-vaccine-discrimination-case-involving-christian-muslim-employees/1030121001/ More on Asheville flu vaccine case Mission Hospital Agrees to Pay $89,000 To Settle EEOC Religious Discrimination Lawsuite https://www.eeoc.gov/eeoc/newsroom/release/1-12-18.cfm Hospital sued over firing of employees who refused flu shots - AP News https://www.apnews.com/647a64786f9c447181bdf9e30862216a NVIC Advocacy Portal (NVICAP) Join the NVIC Advocy Portal and see what is happening regarding legislation in your state. Help write letters, email or phone your representatives. http://nvicadvocacy.org/members/Home.aspx NOTE: OSHA allows a Hepatitis B vaccine exemption for workers exposed to blood. OSHA Exemption Responses [FaceBook] to health care worker asking about mandates: Some very creative ideas! https://www.facebook.com/vaccinetruth/posts/10151098162512989
Activism in Wisconsin: Fighting for Aurora's Employee Rights Vote on this issue: StopAuroraVaccine.blogspot.com/
Information: Physicians Oppose Mandatory Flu Vaccine for Health Workers https://aapsonline.org/physicians-oppose-mandatory-flu-vaccine-for-health-workers/ NJ & OSHA Reject Flu Shot Mandates for Healthcare Workers nvic.org/NVIC-Vaccine-News/January-2012/... National Vaccine Advisory Committee (NVAC) September 13–14, 2011, Meeting Minutes http://www.nvic.org/CMSPages/GetFile.aspx?... OSHA Position PDF: http://assets.usw.org/resources/health-care-workers-council/OSHA_Position_on_Flu_Vaccine-1.pdf Segment of OSHA statement follows: Influenza vaccination exemptions should be for HCP with valid medical contraindications to vaccinations, or religious and/or personal objections and a signed declination statement that indicates the HCP has been educated regarding influenza, is aware of the risk and benefits of influenza vaccination, has been given the opportunity to be vaccinated with the influenza vaccine at no charge, and can receive the influenza vaccine in the future at no charge to the HCP. Mandatory Flu Vaccines for Healthcare Workers – Why One Man Is Choosing the Mask http://kellythekitchenkop.com/2012/10/mandatory-flu-vaccines-for-healthcare-workers-why-one-man-is-choosing-the-mask.html News: 2010, October 19. An employee of AnMed Health in Anderson, S.C., is suing her employer over its mandatory flu shot policy, according to a Spartanburg Herald-Journal report. Read rest of story: Weekly Poll: Mandatory flu shots causing an uproar [OSHA] : OSHA Healthcare Advisor Poll October 11th, 2010 News: 2009, October 2. SEATTLE - A union representing 16,000 registered nurses in Washington state has filed a federal lawsuit against MultiCare Health System for implementing a mandatory flu vaccination policy. http://allnurses.com/nursing-news/nurses-file-lawsuit-428297.html Contact us, if you need help to prepare a religious letter or a scientific rebuttal to your particular mandated vaccination, if you chose to go either of those routes. Note, there is help with religious exemption letters here: http://vaclib.org/links/religion.htm.
And some science information on the flu vaccine is here: http://vaclib.org/basic/fluindex.htm Links to information on Mandatory VaccinationsGood News (additional to this section) |