Worker fired for misleading hospital on her immunization status

Worker entered protected areas and took blood samples from patients, potentially exposing them to influenza

Firing a hospital worker who misled her supervisors regarding her flu inoculation was appropriate discipline, an arbitration board has ruled.

Anne Anger was a part-time phlebotomist, a worker trained to draw blood from patients for testing, at North Bay General Hospital in North Bay, Ont. She had been hired on a contract basis on Sept. 21, 2004.

The hospital had a strict policy on vaccination of staff to prevent the spread of influenza to patients. Staff who work with patients are required to get a flu shot and take the medication Tamiflu for two weeks until the vaccination takes effect. If an employee is not vaccinated for whatever reason, her schedule is changed to minimize contact with patients or she does not work if the schedule can’t be changed. Anger’s job involved visiting many patients and areas of the hospital to take blood samples, sometimes as many as 75 per shift, so flu vaccination was important for her.

On Feb. 2, 2005, the hospital notified all staff about a rise in the number of influenza cases in a particular ward and anyone working in that area had to be vaccinated or protected with Tamiflu. Anger’s supervisor arranged for her to get a flu shot and a prescription of Tamiflu for the two weeks until vaccine took effect.

Anger had the shot but refused to take Tamiflu. She told co-workers she would avoid the affected ward until the shot took effect, but hospital records indicated she took blood samples from six patients in the restricted area on several occasions. Anger admitted to her supervisor she had not taken Tamiflu but said she hadn’t worked in the restricted area.

Anger said she hadn’t gotten around to obtaining Tamiflu because of its cost and she was dealing with difficulties in her personal life. The arbitration board found this explanation to be irrelevant because she still should have informed the hospital she was not protected and avoided the restricted area.

“She worked in outbreak areas without achieving immunization status, knowing full well she was not allowed to,” the board said. “That is a very serious offence and is properly characterized as a fundamental breach of her health-care responsibilities.”

Considering her short-term contract status, the breach of the hospital’s trust and the potential consequences if she had spread influenza to other parts of the hospital, the board found termination was “both an appropriate and just response.” See North Bay General Hospital v. O.P.S.E.U., 2006 CarswellOnt 8751 (Ont. Arb. Bd.).

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