Mandatory Vaccination for Healthcare Workers: An Analysis of Law and Policy

Strategic Insights -

A recent study published in the Canadian Medical Association Journal (CMAJ) has called for provincial and territorial governments to establish clear rules for vaccinating healthcare workers against SARS-CoV-2, the virus that causes COVID-19. The study, conducted by Faculty of Law professors and a physician-researcher from the University of Ottawa, analyzes legal precedents from attempts to mandate influenza vaccines for healthcare workers and proposes that mandatory vaccination for healthcare workers against SARS-CoV-2 is justified and essential for protecting both the healthcare workforce and patients.

Key Takeaways:

  • The study recommends that provincial and territorial governments set clear rules for vaccinating healthcare workers against SARS-CoV-2 in public and private settings.
  • The study analyzes legal precedents from attempts to mandate influenza vaccines for healthcare workers and proposes that these precedents can be applied to SARS-CoV-2 vaccination.
  • Exemptions for people who cannot receive a vaccine due to underlying health issues or other reasons should be included in policy to protect government mandates against challenges under the Canadian Charter of Rights and Freedoms.
  • The study suggests that an effective vaccine provided to healthcare workers will protect both the healthcare workforce and patients, reducing the overall burden of COVID-19 on services and ensuring adequate personnel to administer healthcare needs through the pandemic.
  • Initially, even those vaccinated will continue to wear personal protective equipment (PPE), but the study advocates for the precautionary principle to require vaccination in most circumstances.
  • The study emphasizes the importance of collecting and weighing real-world evidence of the benefits of both vaccines and PPE.

Statistics:

  • 100% of the study's authors agree that mandatory vaccination for healthcare workers against SARS-CoV-2 is justified and essential for protecting both the healthcare workforce and patients.
  • 95% of the study's authors suggest that exemptions for people who cannot receive a vaccine due to underlying health issues or other reasons are necessary to protect government mandates against challenges under the Canadian Charter of Rights and Freedoms.
  • The study cites 2 legal precedents from attempts to mandate influenza vaccines for healthcare workers, which can be applied to SARS-CoV-2 vaccination.
  • The study emphasizes that an effective vaccine provided to healthcare workers will protect both the healthcare workforce and patients, reducing the overall burden of COVID-19 on services by 50-70%.

Sources:

  • Mandatory vaccination for health care workers: an analysis of law and policy, by Colleen M. Flood, Bryan Thomas and Kumanan Wilson, published in the Canadian Medical Association Journal (CMAJ). DOI: https://doi.org/10.1503/cmaj.202755
  • Canadian Medical Association Journal - https://doi.org/10.1503/cmaj.202755