26 April 2012
MEMORANDUM OF AGREEMENT
On
Policy for Influenza Immunization of Civilian Health Care Personnel (HCP)
Who Provide Direct Patient Care or HCP Who Routinely Work in Military Treatment Facility (MTF) Common Areas
REFERENCES:
1) Assistant Secretary of Defense for Health Affairs Memorandum,
HA Policy 08-005, dated 4 April 2008.
2) Air Force 2011-2012 Influenza Immunization Program Guidance, dated 25 July 2011.
3) Air Force Joint Instruction 48-110, Immunizations and Chemoprophylaxis, dated 29 September 2006.
4) 29 CFR 1605, Guidelines on Discrimination Because of Religion.
- The American Federation of Government Employees (AFGE) Council 214 and Air Force Materiel Command (AFMC), hereafter referred to as the Union and Management, hereby enter into this Memorandum of Agreement (MOA) regarding subject policy as it applies to bargaining unit employees covered by the Master Labor Agreement (MLA) between the parties.
- HA Policy 08-005 (Attachment 1) directs all civilian health care personnel who provide direct patient care in Department of Defense MTFs to be immunized against seasonal influenza infection each year as a condition of employment, unless there is a documented medical or religious reason not to be immunized. This policy will therefore be implemented consistent with the provisions outlined below.
- Air Force 2011-12 Influenza Immunization Program Guidance (Attachment 2) further defines civilian HCP who provide direct patient care to include workers whose daily activities include contact with patients or involve work in common areas or clinic/hospital rooms where patients are likely to be present (e.g. clerical staff, food service personnel, and cleaning or janitorial staff). A listing of job series covered by this MOA is at Attachment 3. HCP personnel in these job series are covered only if they have routine contact or work in common areas with patients.
- Medical and religious/spiritual exemptions will be handled in accordance with AFJI 48-110, and as further defined by this MOA. Religious/spiritual is defined as moral and ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.
a. Civilian HCP with a medical contraindication to the seasonal influenza vaccine will provide a signed note from their healthcare provider to the MTF Employee Health point of contact. The note will identify the underlying health condition and the duration of the exemption (up to 365 days for a condition that is expected to resolve or permanent).
b. Civilian HCP will submit a signed religious/spiritual exemption request to their supervisor. The request should include details as to the source of the individual’s religious/spiritual objection to the seasonal influenza vaccine. Such requests will be processed in accordance with 29 CFR 1605. The MTF Commander serves as the final approval and revocation authority for such immunization exemptions.
- Civilian HCP without an exemption, who refuse to take the immunization will be handled on a case by case basis and may also be subject to measures to prevent the spread of the virus to include, wearing a face mask, relocation and/or changes in work assignments or work schedules. Management and the Union mutually embrace the goal of minimizing the spread of influenza in MTFs. To meet the need, flu shots will be made available to all HCPs on a priority basis. Employees may also choose between injectable and intranasal influenza vaccines as medically appropriate and available. Employees, who wish, may choose to get inoculated through private sources at their own expense and will provide required documentation of the same to the MTF Employee Health point of contact within 3 business days.
- Further, in an effort to mitigate any seasonal flu outbreaks, employees will notify their supervisor as soon as possible if flu symptoms develop.
- All remedies available under the MLA or 5 U.S.C. 71 will remain available to the parties if concerns cannot be cooperatively resolved.
FOR MANAGEMENT FOR THE UNION
____/ signed /______________ ____/ signed / ________________
JAMES E. KING, JR. TOM ROBINSON
Colonel, USAF, DC Executive Assistant, AFGE Council 214
Deputy Command Surgeon
___/ signed /_______________ ___/ signed /__________________
BRENDA THOMAS KRISTINE KEELER
AFMC/A1KL Executive Assistant, AFGE Council 214
Attachments:
1. Assistant Secretary of Defense for Health Affairs Memorandum,
HA Policy 08-005, dated 4 April 2008.
2. Air Force 2011-2012 Influenza Immunization Program Guidance, dated 25 July 2011.
3. List of Occupational Series/Positions Subject to Mandatory Influenza Vaccinations