OSHA argues against mandatory flu shots for hospital employees

MB Comment: The Occupational Safety and Health Administration (OSHA) opposes mandatory flu shots for health care workers because ‘ there is insufficient evidence for the federal government to promote mandatory influenza vaccination programs that may result in employment termination.’

OSHA is the primary federal agency charged with protecting health care workers. Drug company-corrupted vaccine pushers at the CDC now have government opposition to their robotic campaign to vaccinate everything that moves with every ineffective and toxic vaccine that big pharma conjures up.

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OSHA crashes mandatory flu shot party

Hospital Infection Control & Prevention

January 18, 2012

The federal agency most directly charged with protecting health care workers has come out against mandating that they be immunized against seasonal influenza. The Occupational Safety and Health Administration (OSHA) — which likely would be charged with enforcing any such edict — cited “serious policy concerns” in arguing against a draft federal initiative that would clear the way for mandatory flu shots at hospitals that cannot achieve 90% flu vaccination rates.
“OSHA believes that there must be a very high burden of proof that mandatory … programs are not just desirable, but also necessary to protect the public health before the government promotes such a controversial policy that may result in employment termination. At this time, OSHA believes there is insufficient evidence for the federal government to promote mandatory influenza vaccination programs that may result in employment termination.”
The National Vaccine Advisory Committee (NVAC) recommendations were drafted by its Healthcare Personnel Influenza Vaccination Subgroup. An advisory committee to the Department of Health and Human Services (HHS), NVAC is scheduled to meet Feb. 7, 2012.
The key recommendations in the draft includes the point that is generating considerable controversy: Facilities “that cannot achieve the 90% influenza goal in an efficient and timely manner, should strongly consider an employer requirement for influenza immunization.”

Read the Article

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This is the source document containing OSHA’s comments:

The Occupational Safety and Health Administration (OSHA) is strongly supportive of efforts to increase influenza vaccination rates among healthcare workers in accordance with the Healthy People 2020 goals. However, at this time, OSHA believes there is insufficient scientific evidence for the federal government to promote mandatory influenza vaccination programs that do not have an option for the HCP to decline for medical, religious and/or personal philosophical reasons. While we are supportive of the Healthy People 2020 goal of a 90% vaccination rate, we have seen no evidence that demonstrates that such a high rate is in fact necessary. Furthermore, the current influenza vaccine is no magic bullet. The current state of influenza vaccine technology requires annual reformulation and revaccination and the efficacy is quite variable. Every year there are numerous circulating strains of influenza that are not included in the vaccine. In years where the antigenic match is good, the vaccine only provides protection against the 3 strains in the formulation. In years when the antigenic match is poor, the vaccine may provide no protection at all. The limits of current influenza vaccine technology are especially problematic in the context of a mandatory influenza vaccination program that results in job loss. Lastly, reliance on a mandatory influenza vaccination policy may provide healthcare workers, health care facility management and patients with an unwarranted sense of security and result in poor adherence to other infection control practices that prevent all types of infections, not just influenza. Influenza vaccination has always been just one part of a comprehensive multi-layered infection control program. While OSHA does not believe that there is sufficient evidence to meet the bar necessary to support mandatory vaccination programs, we nonetheless are convinced that influenza vaccination is generally beneficial and are supportive of efforts to promote vaccination. 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.

Read the source document

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30 Responses to OSHA argues against mandatory flu shots for hospital employees

  1. Michael:
    Do you have the OSHA URL for the source of the statement regarding forced vaccination of healthcare professionals? It would be good to see the source information directly.
    Thank you for all you do in this cause.
    John S.

    • The Refusers says:

      John,
      This a little out of date (2009) but OSHA’s policy seems consistent over time on vaccine refusal.

      http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=INTERPRETATIONS&p_id=27284

      It is important to note that employees need to be properly informed of the benefits of the vaccinations. However, although OSHA does not specifically require employees to take the vaccines, an employer may do so. In that case, an employee who refuses vaccination because of a reasonable belief that he or she has a medical condition that creates a real danger of serious illness or death (such as serious reaction to the vaccine) may be protected under Section 11(c) of the Occupational Safety and Health Act of 1970 pertaining to whistle blower rights.

      • The Refusers says:

        John,
        I found the OSHA source document here (last page, page 25): http://www.nvic.org/CMSPages/GetFile.aspx?nodeguid=da4b451c-b83e-4eb4-9b64-5c210aad1ec3

        The Occupational Safety and Health Administration (OSHA) is strongly supportive of efforts to increase influenza vaccination rates among healthcare workers in accordance with the Healthy People 2020 goals. However, at this time, OSHA believes there is insufficient scientific evidence for the federal government to promote mandatory influenza vaccination programs that do not have an option for the HCP to decline for medical, religious and/or personal philosophical reasons. While we are supportive of the Healthy People 2020 goal of a 90% vaccination rate, we have seen no evidence that demonstrates that such a high rate is in fact necessary. Furthermore, the current influenza vaccine is no magic bullet. The current state of influenza vaccine technology requires annual reformulation and revaccination and the efficacy is quite variable. Every year there are numerous circulating strains of influenza that are not included in the vaccine. In years where the antigenic match is good, the vaccine only provides protection against the 3 strains in the formulation. In years when the antigenic match is poor, the vaccine may provide no protection at all. The limits of current influenza vaccine technology are especially problematic in the context of a mandatory influenza vaccination program that results in job loss. Lastly, reliance on a mandatory influenza vaccination policy may provide healthcare workers, health care facility management and patients with an unwarranted sense of security and result in poor adherence to other infection control practices that prevent all types of infections, not just influenza. Influenza vaccination has always been just one part of a comprehensive multi-layered infection control program. While OSHA does not believe that there is sufficient evidence to meet the bar necessary to support mandatory vaccination programs, we nonetheless are convinced that influenza vaccination is generally beneficial and are supportive of efforts to promote vaccination. 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.

  2. Kelly says:

    I am a hospital nurse, and my employer is requiring us to receive the flu vaccine, or we will be terminated; unless you have documentation of an adverse reaction, or religious reasons. Personal beliefs is not good enough.
    Is there any way, legally, I can get out of taking the shot?

    • Brianna says:

      I am having the same issue at my work.

      • Shawn says:

        My wife is having the same issue. I know in Maryland (since it is an at-will state…meaning companies can fire you at will), they are allowed to do this. The only way to stand up against hospitals is have everyone walk out. They can not fire every single person and the media coverage will do the rest. It is a shame that hospitals are making it mandatory without giving an option to wear a mask. My wife worked with swine flu patients while pregnant and never got the vaccine and never was infected.

    • cia parker says:

      It might be tricky to avoid mandatory flu vaccination for health care workers, depending on the individual state and its laws. Your First Amendment right to freely practice your religion might help, and many courts have ruled that it can be based on your private religious belief, not necessarily the belief of a particular sect. See Randall Neustaedter, the Vaccine Guide. Sherri Tenpenny, in Saying No to Vaccines, has information on the subject. She says, p. 114, “Vaccination as a requirement for employment has been challenged in District Court. An announcement made Jan. 7, 2006, upheld a nurse’s right to refuse. The ruling, made by the US District Court, would not allow Virginia Mason Med Center to make flu shots a condition of employment and would not allow the Center to fire nurses who did not comply. The ruling paralleled an earlier objection filed by the Washington State Nurses Assn, representing more than 600 registered nurses. The WSNA supported flu vaccines, but opposed any requirement that threatened to fire people if they did not submit to mandatory vaccination.

      In book cited, see addendum Q, Influenza Vaccine Requirements for Hospital Employees, by State. Also “State Immuization Laws for Healthcare Workers and Patients at Risk” on www. SayingNoToVaccines.com This is a large, searchable database where you can find exemptions and requirements specific to your needs.

      My father was paralyzed by a flu shot for hte last three years of his life, my mother has been institutionalized with Alzheimer’s, probably from the yearly flu vaccine she got since 1980 (aluminum from vax accumulating in brain), so it’s certainly worth resisting the requirement. If you have any neurological or autoimmune disease in yourself or a family member, that might show the need for a medical exemption.

      And, of course, there’s strength in numbers. A group of health care workers who refuse the vaccine will have considerable power.

    • Highlander says:

      A religious belief is just that: A religious belief, and it DOES NOT require that you be a member in whatever church, etc., such as to ‘require’ a statement from whatever priest/pastor/rabbi, or what have you.
      If anyone presses you to reveal your particular reason against receiving a mandated vaccine, all you need do is reply that the sanctity of your body is considered uppermost, and that receiving foreign bodies artificially introduced into your own body is considered a violation of your belief to NOT be violated. THAT is YOUR RIGHT.
      They might just as well demand that you be raped in order to continue your employment. Bodily violation is VIOLATION, regardless. Ergo, to be violated is AGAINST your personal religion.
      Further to that, you might even raise the issue that your right to object is protected under U.S. CODE: TITLE 18 PART I CHAPTER 13> § 242
      http://www.law.cornell.edu/uscode/text/18/242
      Remember: THEY MUST PROVE beyond a shadow of a doubt that your not being vaccinated will present a REAL danger to a patient, and that means that the proof MUST be unequivocally, and undeniably ascertainable, no if’s, and’s, or buts.
      WIthout that proof, their demands are nought but paper tigers and without legal validity.

  3. Kathryn says:

    My hospital group has instituted the mandatory flu shot this year allowing only for exemptions based on medical reasons or religious reasons which must be documented by clergy. Refusing on the basis of personal philosophy will result in termination. I happen to be a coder who works from my home and I almost never have to even enter one of our hospitals. Are the hospitals benefitting financially by issuing this mandate? Who is paying for the shots? Who can help us?

    Thank you.

  4. louise says:

    Help-my work place is requiring the flu shot or being fired. Last year I wore a mask Oct-March. I never got sick. But this year, the mask is not an option- its flu shot or out of a job. I am looking for some ways to neutralize the shot- like getting the intradermal, using ice on the site, possibly tourniquet the arm, etc.

    • Highlander says:

      Sue them for violation of your right to object to your being violated, and punishing you for objecting.
      http://www.law.cornell.edu/uscode/text/18/242
      Vaccines may be correctly considered to be a ‘dangerous weapon,’ inasmuch as they contain hazardous substances which are known to lead to debilitation, and even death. Since NO pharmaceutical firm will GUARANTEE that their vaccine products are 100% safe, then YOU have the RIGHT to object to being VIOLATED.
      A good lawyer will make them wish they’d never made their demands.

      • cia parker says:

        Thanks, Highlander, your posts were brilliant! I hope the health care workers who want to refuse vaccination as a requirement for their employment will take the legal action you suggest. It’s a lot of hassle, and it’s too bad it’s necessary, but I hope they will understand that this is a historic moment, and they are blazing a trail that will make life healthier and easier for those who come after them.

  5. cia parker says:

    You probably need to find others who feel the way you do and all go to talk to a lawyer, and insist that your religious rights are being violated, based on personal religious beliefs.

  6. Judith Holloway says:

    It amazes me that more people don’t question these mandatory flu shots in their hospitals. I feel like I am alone. Not only do they mandate the shot but also make you sign a release that you won’t hold the hospital responsible for any reaction! Our hospital had a 97% compliance rate last year and still made it mandatory this year for all associates and volunteers. It shouldn’t matter WHAT your reason is for not taking it, your livelihood should not be in jeopardy for refusing a flu shot!! How can that not be a violation of individual rights if your job security rests on putting something into your body against your will? This country has gone crazy!!!!!! (probably at the hands of the pharmaceutical industry)

    • susan walmer says:

      Thats how it is where i work and i think im going to take the termination. it is our constitutional right not to put something into our bodies that we dont want and sign something that says you agree to it!!!

    • Sue H.. says:

      I lost my job at a hospital due to their new policy in September of last year to take a flu shot or be “disciplined” up to termination OR wear a mask the entire time you are in the building Oct to Feb if you don’t take the flu shot. I found out later another employee in my department who did not take the flu shot was promoted to Supervisor of the department. Interesting? I believe the mask requirement if nothing more then a way to coearce one to take the flu shot. I am against ANY yearly medical therapy being forced on anyone who doesn’t want it just like patients have the right to refuse a medical therapy even an Aspirin! (They say they don’t “force anyone” to take the shot, which is true, but they threaten by their policy). No person should lose their job because they don’t want a flu shot! This insanity needs to be stopped! It’s about money but those who promote the flu shot vaccine make a good sounding speech FOR the flu shot and how it benefits the patient. Sorry, it’s not a magic elixor people so stop trying to promote your flu shot by taking food off the table of workers!!! By taking away their means to make a living for themselves and their families! Some workers go ahead and take the shot just to keep their jobs and I CAN understand this when they have mouths to feed BUT this makes it harder tor those who do stand their ground, do not take the shot, then lose their job. There is power in numbers and if the numbers of HCW are small who refuse the shot then we who have lost will sufffer. I don’t know where this will go but I am in hopes that common sense will prevail and this whole push to mandate everyone and there dog to take a flu shot will end!

  7. louise says:

    It’s the same as the employer requiring you to smoke! It is putting poison in you body. Look at the fungal meningitis from a cortisone shot in the spine! What could be in the flu shots?

  8. louise says:

    PS-We all need to fight this battle or we all lose more freedoms.

  9. Mark says:

    Here is a major step you can take for those working in the healthcare system.

    1. Type “Affidavit of Exemption” on a sheet of paper
    2. Then type: “I hereby claim exemptoin to vaccinations because they may be harmful to my health or damaging to my immune system”.
    3. Go to a notary. Sign and date affidavit. Make copies
    4. Send a copy to the entity requiring the shots.
    5.Send original by certified mail to the Legal Department of the entity requiring the shots.
    6. Keep your copy

    This was in a book by Tim O’shea’s “Vaccinations are not Immunizations”
    Tim goes on further to say
    ” To oppose your affidavit will now require a response, taking some action. Most will just let it slide; it will be the end of it. Those who would oppose you may miss the concept that by forcing you to undergo a medical procedure which you have already informed them may be harmful- this places liability for any adverse reaction on them. Putting it in writing would provide you with prima facie evidence that they are liable for any injury you might incur”.

  10. Ras says:

    More and more health care organizations are mandating flu shots. I’m an RN, with no direct patient contact any longer, and still mandated. Every employee in the organization is mandated.
    It is a violation of personal freedoms on so many levels, it is difficult to even begin to know where to address it.
    I have contacted an attorney to assist me in developing my statement of beliefs for the religious exemption, as I feel it is against my personal religious beliefs.
    I’ve also written to my state representative, as a first step, and will continue to contact all my government representatives.
    If our representatives begin to get the idea that their constituents do not approve of mandatory vaccinations, they can then implement changes in the law to prohibit mandatory vaccines. After all, they want to keep their jobs, just as we do.
    Be a voice, speak out whenever the opportunity arises. Most don’t want to listen, as it takes effort to make a stand, but those who can effect a change will ultimately come forward.
    I’ve already had opportunity to provide some of our employees with web sites that provide information on fighting the mandate. A small number, to be sure, but every great movement started with the few.
    Don’t allow your rights to be subverted by the greed of the corporations.

  11. george marshall says:

    DID IT EVER OCCUR TO ANYONE THAT THIS A HUMAN RIGHTS ISSUE….THERE IS NO ONE ON THIS PLANET THAT HAS THE RIGHT TO FORCE ME INTO INJECTING POISON INTO MY BODY…WAKE UP PEOPLE…IT IS ONE OF THE MANY GENOCIDE PROGRAMS OUR GOV.LEADERS WANT US TO BELIEVE IN…IT IS A DEPOPULATION PROGRAM FLAT OUT….

  12. Rita Marie says:

    So many hospitals have the manditory vaccine policy in place. Can this decision by OSHA be used to Trump the hospital’s policy? I am a RN, an have bad reactions to flu shots every time I have gotten them, the last shot had me immobile with severe migraine pain and a bad rash for 5 full days. I couldn’t work, I missed Christmas with my family(was late getting it, as I hate the thought of the reactions I have). I want the right to say no, and still have a job, or the ability to obtain one.

  13. Galen Pasteur says:

    Simple solution: Vaccinate all the Doctors, Hospital Administrators, Politicians, Judges, Police, Firemen, EMT personnell, Generals, Admirals, Congress, Senators, the President, Warren Buffet, the Rockefeller clan, and all the family of the Boards of Directors of the Federal Reserve “Banks”. For starters. I’m sure, gentle reader, that you can add to this list!

  14. Connie Crowley says:

    I have the same problem coming up with mandatory flu shots as above. I was actually told by my employer that our hospital has never had a patient with Guillain-Barré syndrom from a flu shot. I know this to be false but I cannot prove it. Is there anyone else who see’s this on a yearly basis?

    • mary smith says:

      I am a nurse and i have taken care of at least three patients who got Guillain-Barré from Flu shot. It happen and nobody should try to convenience you that it doesn’t happen. Make sure you take care of yourself before its too late. Guillain-Barré leads to millions of complications that will cause death.

  15. mary smith says:

    I had a doctors note (from my doctor) on my allergies and my employer terminated my employment. The doctor from the hospital concluded that the allergies I had were not going to affect me if I got the flu shot. I choose to get terminated rather than put my body in danger. So, i am looking for a new job.

  16. Sarge says:

    This is happening because some bureaucrats in Washington, D.C. have decided that it would be a good idea for all hospitals to have a 90% compliance rate regarding all their staff receiving the flu shot. For this reason they’ve recommended that the U.S. Government withhold or reduce Medicare payments to any hospitals that fall below the 90% compliance level. Now, hospitals, if they want to keep receiving the federal shekels, must reach that 90% level so they’re willing to force their employees to accept these injections of toxic chemicals or face termination in order to satisfy the bozos in D.C. It’s not about patient health or safety, ITS ABOUT MONEY! Remember, “With shekels come shackles!”
    My wife is an R.N. in a local hospital and just came home yesterday and told me she was being forced to take a shot by 12/2/13 or face termination in January 2014. We’re researching religious exemptions. Check out the following:
    http://www.vaccinerights.com/index.html and http://radio.naturalnews.com/Archive-KnowYourRightsHour.asp there’s a lot of great info and mp3s of one of the top vaccine rights attorneys in the country discussing options for health care workers who wish to opt out. The who workforce of this country better sit up and take notice of what’s being done to health care workers because their time is coming. As usual the powers that be are knocking us off one group at a time.
    Remember these words…

    Martin Niemoeller
    “First they came for….”

    Pastor Niemoeller was a victim of the Nazis. His famous quote reads as follows:

    First they came for the Jews, and I did not speak out – because I was not a Jew.
    Then they came for the communists, and I did not speak out – because I was not a communist.
    Then they came for the trade unionists, and I did not speak out – because I was not a trade unionist.
    Then they came for me – and their was no one left to speak for me.
    Note: A commonly circulated, contemporary version of the Niemeoller quote reads like this:

    When they came for the Fourth Amendment, I did not say anything – because I had nothing to hide.
    When they came for the Second Amendment, I did not say anything – because I did not own a gun.
    When they came for the Fifth and Sixth amendments, I did not say anything – because I had committed no crimes.
    When they came for the first Amendment – I could not say anything.
    We have before us the choice to make a difference,
    no matter how small,
    to put our lives, our fortunes, and our sacred honor
    in the cause of truth and of the Lord of truth.

    As Alan Keyes says:
    There are those of us who will fight —
    few…, many…, or alone if we must.

    First they came to vaccinate the children and I didn’t speak up because I had no children,
    Then they came to vaccinate the health care workers and I didn’t speak up because I wasn’t a health care worker,
    Then they came to vaccinate …. and on and on it goes until everyone is sick, paralyzed, or dead.
    We must all stand against the evil corporations who are pushing these poisons so they can make money, or we’re all doomed.

    For an alternative to drugs and surgery to reverse chronic health issues check the following: http://www.youdiyhealth.com

  17. Sarge says:

    Oops – I messed up in a couple places:

    The whole workforce of this country better sit up…

    and

    http://www.yourdiyhealth.com

  18. valerie says:

    I am an RN in NJ, employed with a “so called” agency that is based on a specific religion. I have been employed there for 18years. I have never receive the flu vaccine, and have always signed their waiver of my choice to refuse. 2013 they have mandated all employees be vaccinated. I exercised my religious exemption, which they gave each employee the choice to do. I followed their protocol that along with the religious exemption, I needed to “provide a letter from one clergy on letterhead stationary supporting the exemption” I do believe this is against my civil rights to set forth the religion that I practice. However, I followed the rules. The deadline was December 16, 2013. I met the deadline. I worked on December 18th, so I thought I was safe, and my exemption was accepted. On Friday, december 20, 2013 at 3pm, i received a call from my nursing supervisor that I had been suspended. My supervisor was very upset that she had to make this call. On Monday, December 23, 2013, I called Human Resources, and asked for an explanation on why my exemption had been denied, and what Federal and State law that had used to compose their vaccination policy, why they gave the option on the consent form to sign off due to religious exemption. I was told that they could not give me the Federal or State law they used, and she would get back to me on the reason on my suspension. It is now Christmas Eve, and I am writing this. My mind is consumed with this issue. I feel I am being bullied for the first time in my life. I feel that I am doing something bad. I feel ashamed that my employee record will have this scar. I have never even received a slap on the hand from my employer, other than I have a tendency not to get my timecard in on time. I just want to my job and deliver patient care in the home.

  19. SarahMorken says:

    Valerie, did you get your job back?

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