Thank you to all ONA members who attended our Town Hall event on Wednesday, September 1 at 7 p.m. ONA leaders answered many questions during the Town Hall, but unfortunately we were not able to get to every question submitted. In this document, we try to address the most common questions we received. All ONA members should feel free to contact their labor representative directly if you have additional questions not answered here. Thank you for being a member of the Oregon Nurses Association and for all you do for our profession.
ONA members can view a recording of the Town Hall on OCEAN, the ONA continuing education online platform. A summary of the questions and answers from the Town Hall, plus some questions we did not have time to address, can be found below.
Why does ONA support the vaccine mandate when a member survey says a majority of members don’t support the mandate?
It has always been ONA’s position that required weekly testing with a waiver for vaccinated nurses was a reasonable,
common-sense policy. It is also the case that ONA has been, and continues to be, concerned that the vaccine mandate will negatively impact our already dangerous staffing crisis. We have some evidence to suggest that nurses are deciding to leave the
profession rather than get a COVID-19 vaccine.
But the reality is this: Governor Brown’s rule is the current law in Oregon. We believe it is time for nurses across the state to come together in supporting actions that will have
an impact on the staffing crisis, will ensure that nurses who experience adverse effects of the vaccine get paid time off, that all health care staff have adequate PPE, and that exemptions for medical or religious beliefs are respected by employers.
There is very little, if anything, we can do about the mandate. There is a lot we can do about the impacts of the mandate if we work together.
How can something be “the law” if it wasn’t voted on? When you say vaccine mandates are “the law of the land,” how is this a law? Laws go through the legislature, don’t they?
Administrative agencies are given authority to write rules that implement statutes. They have the force and effect of law. Generally, these rules elaborate the requirements of a law or policy. The Oregon Administrative Rules Compilation (OAR) is the official
compilation of rules and regulations having the force of law in the State of Oregon.
A rule is defined by the Oregon Revised Statutes (ORS) as “any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of
any agency.
In this specific instance, the Oregon Health Authority is the State’s agency that is delegated by the legislature with authority to create rules that implement statutes related to public health and health care employers. The delegation
of authority is very broad and an agency’s rules are given a great deal of deference by courts.
Their rules (including OAR 333-019-1010 which details the vaccination requirement for health care providers) are therefore the law in Oregon. There have been a number of questions about whether or not ORS 433.416 makes the vaccine mandate illegal. It does
not and in fact, that statute specifically makes the vaccine mandate legal. ORS 433.416 states, “A worker shall not be required as a condition of work to be immunized under this section, unless such immunization is otherwise required by federal or
state law, rule or regulation.” This means that since the immunization is required by OAR 333-019-1010 (an administrative rule), it can be required as a condition of employment by an employer as provided by ORS 433.416.
What is ONA doing to support nurses who are losing their jobs at PeaceHealth? Is ONA doing anything about PeaceHealth’s decision to place RNs with medical or religious exemptions on unpaid administrative leave? Is that allowed by the Governor’s rule?
ONA has filed an unfair labor practice (ULP) complaint against PeaceHealth because PeaceHealth instituted this policy without bargaining. We have also requested injunctive relief, known as a 10(j) request. This has been done in coordination with
WSNA. The NLRB Regional office has commenced investigation, taken affidavits, and is determining what its next steps will be. Only the NLRB can obtain an injunction for this type of unlawful action, so we are doing everything we can do to move them
towards seeking an injunction in federal court.
Unfortunately, PeaceHealth’s actions were ratified after the fact by the OHA rule. That rule provides that an employer may mandate vaccination for COVID-19 at a date earlier than October 18. OAR 333-019-1010(7)(c).
Our labor representatives at PeaceHealth have also filed two Association grievances related to the implementation of their mandatory vaccination policy which took effect on September 1st. They are working with the individual nurses affected as well to
ensure that their rights to due process and just cause under the contract are enforced. If you are a PeaceHealth nurse who has been placed on unpaid administrative leave please contact your labor representative or steward for assistance.
Is ONA doing anything about bullying between nurses who have different opinions on the vaccine mandate?
Both the American Nurses Association (ANA) and the ONA have been very clear through position statements and actions that nurse bullying is not acceptable. Whether it is lateral bullying or vertical bullying, neither form is acceptable
in the ANA Code of Ethics for Nurses. As nurses, our responsibility is to, “create an ethical environment and culture of civility and kindness, treating colleagues, coworkers, employees, students, and others with dignity and respect.” Though emotions
are high, these emotions cannot supersede our responsibilities to the profession or to society at large.
As with all instances of workplace bullying, harassment or violence, ONA encourages all nurses to follow the reporting process of your
individual employer. This includes reporting such incidents to a supervisor or your HR department. Your labor representative can also provide help and assistance if you are unsure how to report bullying or harassment.
This is a “mandate” and not a “law,” right? If the Governor mandates something, doesn’t that mean that employers can choose to NOT follow the mandate?
The vaccine “mandate” is actually an administrative rule that “mandates” vaccination for healthcare workers. As explained above, OAR 333-019-1010 (an administrative rule) requires non-exempt healthcare workers to be vaccinated by October 18, 2021. Hospitals
and healthcare workers are required to follow the law and administrative rules are the law of the land.
Vaccine efficacy appears to be decreasing, vaccinated people can still get sick and boosters may be needed. Why should we accept a vaccine over natural immunity?
According to the CDC, study data shows that COVID-19 vaccines offer better protection than natural immunity alone, including in people who have had previous COVID-19 infections. The COVID-19 vaccine has also been shown to decrease the incidence of severe
illness, hospitalization, and death, even among the highest risk age groups. Additionally, a new study supported by the National Institutes of Health shows evidence that protective antibodies generated in response to an mRNA vaccine will target a
broader range of SARS-CoV-2 variants compared to antibodies acquired from a previous infection.
More information on vaccine efficacy and immunity can be found here:
What can I do if my religious exemption isn’t accepted?
As in all grievances the merits of that grievance will determine whether there are solid grounds to challenge the employer’s decision and process that grievance through the contractual process. Contact your labor representative if you’ve been denied your
request for religious exemption.
Will my union dues be used to defend nurses who have refused the vaccine? I don't want my dues used to defend unvaccinated people in my facility.
ONA evaluates grievances on a case-by-case basis. This is to ensure that we act in
a non-arbitrary, non-discriminatory, good faith manner. If a nurse is terminated for refusing the COVID-19 vaccine, and does so without a valid medical or religious exemption, it is very unlikely that we will pursue that grievance absent extraordinary
circumstances.
Who is liable for the long-term impacts of the vaccine? If I or another nurse has a life threatening or career ending reaction, who is liable for that?
While some people that receive the vaccine may develop some symptoms as their immune
system responds, remember that this is common when receiving any vaccine and not considered serious or life-threatening. You cannot get COVID-19 infection from the COVID-19 vaccines.
In the history of all vaccines, including the COVID-19 vaccine,
the most serious side effects have shown up in the first six weeks after vaccination. Most often, they show up within the first two weeks. There is no evidence at this time to suggest that the COVID-19 vaccines will have long-term serious side effects,
but there is overwhelming clinical evidence to indicate the vaccines are safe and effective.
Beyond these important points, it is the state of Oregon that is mandating, and your employer who is required to implement--not ONA. If vaccine side effects do occur, it should be covered by workers compensation and anyone who experiences significant
side effects is encouraged to file a claim. ONA also has a full FAQ related to liability for nurses which can be found here.
Where can I find a religious exemption form? Where can I find a medical exemption form?
You keep saying these vaccines are safe and effective. They haven’t been around long enough to know that.
The Pfizer and Moderna COVID-19 vaccines utilize mRNA, which is relatively new, but has been around for more than three decades and is used in influenza, Zika, rabies, and cytomegalovirus vaccines. These two vaccines have been studied more rigorously, and
with more representative populations, than any vaccine before. We have a much bigger pool of data to pull from than other vaccines as well with more than 372 million doses administered, all of which are tracked more closely than any vaccine before.
We may not know what the long-term side effects beyond when the phase 3 clinical trials of these vaccines started 14 months ago with roughly 80,000 participants, but mRNA vaccines have a solid track record of very low rates of adverse reactions and
side effects.
Does the governor declaring “disaster/emergency crisis staffing” negate current staffing laws? In a declared state of emergency, are there any limits to increased nurse to patient ratios?
According to the Oregon Nurse Staffing Law, under OAR 333-510-0140, a facility may suspend staffing plans when there is a state or federal emergency requiring the implementation of a facility disaster plan. The section that normally allows a facility
to suspend staffing plans in times of emergency or disaster is emphasized by the Governor’s declaration and the OHA guidance, but the ability for facilities to suspend staffing laws during crisis has been in place for many years. The limit is not
in relation to any particular ratio, but rather what OSBN defines as your individual scope of practice and your “knowledge, competencies, skills, and abilities” to care for the patient team being assigned to you. During this time of crisis, many facilities
are moving to a “team nursing model” which is basically one team lead that is experienced on the unit in question, who is then reinforced by a team of other nurses and staff members that usually are not familiar on that unit but have their own
individual scope. This model does not utilize ratios in the way you may be familiar with but must still ensure that safe patient care is delivered. Changes to new models should be accompanied by appropriate and approved policies and procedures.
What about VAERS data? Doesn't it show vaccines are causing deaths?
Millions of people in the United States have received the COVID-19 vaccine under the most intense safety monitoring in U.S. history. The vaccines met the Food and Drug Administration’s (FDA) rigorous scientific standards for safety, effectiveness, and
manufacturing quality needed to support approval or authorization of a vaccine. Serious adverse events after COVID-19 vaccine may occur but are rare.
Between December 14, 2020 and August 30, 2021 death was reported to the VAERS database in 0.0020% of people who had received the COVID-19 vaccine. However, information reported to VAERS do not prove causality. VAERS cannot and does not determine whether
a vaccine causes something. Any person can report any adverse event that occurs after vaccination to the VAERS database to be further investigated, but it does not prove causation. Reports can be incomplete, inaccurate, coincidental, or unverifiable.
Further, health care providers are required to report adverse events to VAERS after COVID-19 vaccination, regardless of if the reporter thinks the vaccine actually caused the adverse event.
Infectious diseases expert James Lawler, MD, MPH explains, “That means that if a vaccinated person drowns, gets in a car crash or is struck by lightning, their death must be reported to VAERS as an adverse event. Since we've vaccinated over 140 million
people in the United States, many deaths will occur coincidentally after vaccination.”
Please address the grievance process ONA plans to pursue for those of us who are now unemployed, with an approved exemption.
We believe that if a nurse has an approved exemption, then they should be allowed to continue providing patient care with mitigation measures in place (masking and testing). An employer who removes a nurse from a schedule is violating the contract prohibiting
discipline without just cause. Those nurses should contact their labor representatives to explore the filing of a grievance.
Do nurses have to submit exemptions to ONA as well as their employers? If I am unemployed due to my refusal to get the vaccine, do I still need to pay ONA dues?
ONA does not need to receive a copy of your exemption unless it is requested as part of a grievance. ONA does have a hardship waiver available for unemployed nurses and information on that waiver can be provided by your labor representative or by contacting
member services. If a nurse is no longer employed in a bargaining unit, they no longer pay dues. Nurses can always contact ONA member services to inform us of your employment status as sometimes your employer can be delayed in providing us with that
information.
What is the mandate going to require as far as "boosters," are we going to be mandated to get a booster every 6 months to remain up to date?
The current rule does allow an employer to require a booster if recommended by the CDC. However, boosters have not been fully adopted yet by the FDA and CDC for all persons. Current “booster” guidelines are for folks with compromised immune systems but
will likely be adopted to all persons in the near future. The current booster recommendations are for a third dose to be administered 8 months after the second dose, but we will have to see what the final guidelines are.
I have coworkers that are vaccinated and still got COVID after helping out several times in the ER and despite wearing proper PPE. Their workman's comp claim was denied. How can you help?
According to the Workers’ Compensation Division’s website, “Workers who have been quarantined or isolated due to a workplace exposure or have contracted COVID-19 in the workplace may be entitled to have their lost wages and medical expenses covered by
their employer’s workers’ compensation insurance.” ONA is not directly responsible for ensuring or advocating for a member’s worker’s compensation claims, but your unique circumstances should be brought to the attention of your Labor Representative.
I had COVID and many studies show that I have natural immunity. Why isn’t natural immunity allowed instead of a vaccine?
According to the CDC, study data shows that COVID-19 vaccines offer better protection than natural immunity alone, including
in people who have had previous COVID-19 infections. The COVID-19 vaccine has also been shown to decrease the incidence of severe illness, hospitalization, and death, even among the highest risk age groups. Additionally, a new study supported by the
National Institutes of Health shows evidence that protective antibodies generated in response to an mRNA vaccine will target a broader range of SARS-CoV-2 variants compared to antibodies acquired from a previous infection.
Is it in violation of our union contract to openly protest the vaccine mandate?
It will depend on the specific language in the contract, but in general ONA contracts with employers do not limit the free-speech rights of nurses. Contracts do contain prohibitions on strikes, pickets, walkouts or other interruption of work during the
term of the contract. A nurse who is protesting the mandate cannot walk off the job, picket, or do anything near the hospital in a manner that would interrupt patient or employee access. ONA takes its obligations seriously under its contracts and
will not support or condone actions that violate “no strike” articles in those contracts. Nurses should review their contract and employer policies to make sure the protest does not violate the employer’s rules. If the contract language is unclear
to you, seek guidance from your labor representative.
What is ONA’s stance on dishonesty in filling out exemption? What happens if a nurse lies on the exemption form?
Nurses have an obligation to demonstrate “honesty, integrity and professionalism in the practice of registered nursing.” (OAR 851-045-0060.) Falsification of an exemption form would likely be a violation of the Nurse Practice Act and could be the basis
for disciplinary action by the Oregon State Board of Nursing (OSBN).
How does the current mandate for COVID-19 compare with workplace policies for other vaccines (Hepatitis B, MMR, Tdap, etc.). Are exceptions allowed for these? Are employees terminated if they don’t have them?
Many vaccines are required for admittance into nursing programs (Hep B, MMR, Tdap, polio) and clinical placement cannot happen without them, per OHA rules. OHA now includes COVID-19 vaccination in this list. The OSBN requires nurses to be in compliance
with all laws, rules, and regulations in order to obtain and maintain an RN license.
As all nurses in Oregon know, there are a range of vaccinations that are required to enter nursing school and nurses are required to provide proof of
vaccination to their employer prior to starting work. Because employers require vaccination records prior to employment, they would not terminate nurses without those vaccines because they wouldn’t hire them in the first place. If you have questions
about your facilities requirements regarding vaccination records, please contact your HR or Employee Health department. Information about vaccination requirements for nursing students can be found at your school’s application portal or through student
services.
How do I get in touch with ONA? I want to discuss my membership options.
The first place to start is to contact your labor representative to discuss any questions or concerns you have about your membership. You are also welcome to reach out to ONA’s Membership Department at any time by calling 503-293-0011 or 800-634-3552
(Oregon only). You can also email us at ona@oregonrn.org and someone will contact you.
Our mailing address is: Oregon Nurses Association, 18765 SW Boones Ferry Rd., Suite 200, Tualatin, OR 97062
Do ONA employees have to get vaccinated? Are there any elected leaders at ONA who are unvaccinated?
ONA currently has a 100% vaccination rate amongst our staff and board. We do not currently have data on the vaccination status of our other elected leaders (such as those in our Cabinets or within Bargaining Unit leadership) and, as ONA is not an employer
of these elected positions, we are not empowered to require vaccinations for these voluntary positions. We strongly encourage all staff and members to be vaccinated if they are able to do so.
Who approves or denies medical and religious exemption applications?
Exemptions are approved or denied by your employer.
What about unemployment insurance benefits? How does the mandate impact my eligibility?
Each person’s situation is unique. Visit the Oregon Employment Department's site below for more information on vaccination requirements and unemployment insurance benefits.
