Lawsuit Filed Over HCA Flu Shot Policy
October 22, 2009 - SEIU Local 121RN and United Healthcare Workers-West have filed a lawsuit and request for a temporary restraining order against Hospital Corporation of America (HCA) because they have failed to meet and confer with represented employees regarding a new flu shot policy, as required by our contract. HCA hospitals also have not developed a comprehensive flu protection policy, as mandated by the Cal OSHA Aerosol Transmissible Disease Standard that went into effect in August.
Members at Riverside Community Hospital, West Hills Hospital & Medical Center and Los Robles Hospital & Medical Center will be affected by the policy that requires workers to either get a flu shot or wear a surgical mask when in contact with patients.
OSHA has stated that there is no scientific evidence that a surgical mask prevents the spread of flu. Only N95 respirators can prevent the spread of the flu virus and those are recommended as the last line of defense.
Our Union has attempted to settle our concerns with HCA. We requested negotiation and filed grievances, both of which HCA denied.
Common Elements of a Hospital comprehensive Infection Control Plan
• A risk assessment plan to identify employees and procedures at risk of exposure.
• Adequate supply of personal protective equipment.
• Training on infection control and proper fit-testing of N95 respirator masks.
• Procedures to identify and isolate patients with known or suspected H1N1.
• Procedures for environmental services to disinfect and sterilize areas exposed to seasonal flu or H1N1.
• Tracking employee exposure and taking appropriate follow up action.
• A flu vaccination policy that encourages employees to participate but is not punitive for those who can not comply.
• Changes in work attendance policies so that sick employees are not punished for staying home.
Observe 12 Points of Contact
During any flu season, but especially with the new virulent strain of H1N1, environmental services are more important than ever. Nurses should support the EVS workers because they are expected to do more than ever before to thoroughly clean rooms in which flu or suspected flu patients have been housed.
Look for cleanliness in the following 12 points of contact:
1. Door and cupboard handles
2. Keyboard cover and mouse
3. Light switches
4. Cable cords
5. Bed railings
6. Chair arms
7. Monitor screens
8. Sink and sink handles
9. Phones
10. Tables and counters
11. Toilet handle
12. Breast pumps
Good infection control practices can prevent the spread of flu and other viruses capable of causing flulike illness.
According to the Centers for Disease Control, there is no scientific evidence that surgical masks prevent the wearer from being exposed to the flu virus. Only fit tested NIOSH-approved N95 respirator masks filter 95 percent of airborne particles.
Without a comprehensive policy to protect healthcare providers as well as the patients, HCA's new flu vaccine policy falls short of its goal. This lawsuit helps us stand up for what is right. 
Alicia Taboada, RN
West Hills Hospital
Float Team
Members are encouraged to sign our petition asking HCA to provide each RN and healthcare worker with an N95 respirator mask this flu season.
Contact your shop steward or union representative to sign the petition.
121RN Union Representatives:
Los Robles & West Hills:
Phyllis Lugo
(818) 433-2217
lugop@seiu121rn.org
Riverside:
Donna Sigaty
(951) 203-7191
sigatyd@seiu121rn.org
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Lawsuit Filed Over HCA Flu Shot Policy