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Fact Sheet #108-1-5
As part of the Federal Government's bioterrorism defense, American workers are being asked to voluntarily take a dangerous smallpox vaccine. The Federal Government is implementing a mandatory vaccination of 500,000 military personnel. It is also vaccinating about 440,000 voluntary "front-line" health care workers followed by another 10 million fire, police, emergency and health care workers to be inoculated by late summer. The risk of a smallpox attack on the United States remains uncertain. CWA, county health commissioners, and hospitals across the country are urging a delay in the widespread smallpox vaccination of doctors, nurses and other hospital staff most likely to care for smallpox patients. CWA opposes legislation asking health care workers to voluntarily take the vaccine until key issues are resolved, namely,who would cover medical costs if health care workers suffer adverse side effects or are forced to take sick leave from their jobs. Other issues include: the need to maintain sufficient hospital staffing during the program; protection from employer retaliation for those who refuse the shot; compensation for potential transmission of the virus to family members and patients of vaccinated nurses; utilization of safer sheathed bifurcated needles; and adequate prescreening and education for health care workers. A recent Department of Defense report on the smallpox vaccine among military personnel indicates that over 3% of all vaccinated people had to take sick leave and the average length of sick leave was 1.5 days. Safeguards for Workers, Patients, and FamiliesThe Centers for Disease Control and Prevention (CDC) cannot give an absolute quantitative risk, although they informed Congress that there is a real possibility of a smallpox attack. The CDC is not recommending immunizing the entire country at this point because the risk is not sufficient to justify it. Between 14 and 52 people per million could have life-threatening reactions and one to two could die. Particularly vulnerable are persons with compromised immune systems. According to the National Institute on Allergy and Infectious Diseases there are a number of medical procedures that can depress a person's immune system. HIV, organ transplantation and chemotherapy make people more vulnerable to a smallpox infection. Children, and pregnant women are also vulnerable. Recently, a 30-year-old Army soldier inoculated against smallpox suffered a serious skin reaction to the vaccination, which began in December for the military. Officials were confident it was linked to the man's vaccination 10 days earlier. In a second case, a 26-year-old Army soldier was admitted to an overseas military hospital for encephalitis. Another military case and a civilian case were also reported. Potential complications of the vaccination can be fought by giving people a Vaccinia Immune Globulin (VIG) shot. There is currently enough VIG to cover all the projected adverse reactions. By summer, there will be enough to cover 300 million vaccines. Several hospitals across the nation, including the Children's Hospital of Philadelphia, do not recommend vaccination for front-line health care workers because of the vulnerable population the hospital serves. Sick children could be at a high risk of being infected if they come in contact with vaccinated health care workers. According to a February nationwide survey conducted by The New York Times of state health officials about 350 hospitals had declined to participate. Hundreds more have not yet decided. Another disturbing aspect of the plan is that hospitals will administer millions of smallpox vaccinations without using the latest needle technology to prevent injuries and the spread of disease. CWA urges full compliance with the Needlestick Safety and Prevention Act (Public Law No: 106-430). This law requires hospitals and health care facilities to use newer safety devices to reduce the number of needlestick injuries suffered by health care workers and patients. Smallpox Compensation FundCWA urges Congress to provide compensation for people who suffer severe reactions from the smallpox vaccine. Currently, the only way people can get reimbursed for expenses is through the workers' compensation system which has many loopholes in it. Workers may not be covered under workers' compensation unless this is a task which is mandated by the employer. Disturbingly, many states differ in coverage. CWA supports the Smallpox Vaccine Compensation and Safety Act of 2003, H.R. 865, introduced by Congressman Henry Waxman (D-CA). This legislation would guarantee that workers are educated about the vaccination and its risks and that they would be compensated for any adverse reactions that could occur as a result of the vaccine. The bill would establish the National Smallpox Vaccine Injury Compensation Program. The program would provide compensation for injury or death related to the administration of the smallpox vaccine. This measure would require the Department of Health and Human Services to provide $850 million in grants to states to:
This legislation would ensure that funds are not diverted from other programs to fund the smallpox vaccination program. States would use the grant to supplement and not supplant funds received from other sources for smallpox. The measure would also require states to provide a suitable portion of the grant to localities. The bill would require each state to establish an education program for individuals who are asked to volunteer for the smallpox vaccine. States would provide these individuals written, and easy to read, information on the:
This legislation would provide this information to the individuals, as well as the people who reside with them, without charge or loss of wages or benefits. States would provide free counseling services that describe conditions which may exacerbate the risks of receiving the vaccine, and offer voluntary screening tests to identify health conditions that can be expected to significantly increase the risk to these persons. These include screening for human immunodeficiency virus, eczema or other significant chronic skin irritation, pregnancy, etc. Information regarding one's refusal to take the vaccine would be deemed protected health information under the Health Insurance Portability and Accountability Act of 1996. This information would not be made available to employers. This measure also would require states to create a medical surveillance and evaluation program to ensure that these persons do not experience adverse health effects from the vaccine. These individuals would receive prompt medical treatment at no charge to them. The bill would require states to use a sheathed bifurcated needle to administer the vaccine in accordance with the Federal Food, Drug and Cosmetic Act, and availability in the state. The measure would prohibit employers from reducing wages or benefits of employees who receive the smallpox vaccine. This legislation would also prohibit insurance companies from dropping smallpox coverage. For further information, contact:
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