'Updated' rules for unvaccinated long-term care employees slammed by nursing home union

The Department of Social Development has released its updated mitigation measures for nursing home and other long-term care sector employees who are either unvaccinated or not up to date on their COVID-19 vaccines, three days after they were supposed to be allowed to return to work.

Sharon Teare, president of the New Brunswick Council of Nursing Home Unions, says she doesn't understand why it took so long because the "updated" measures, which include screening, rapid tests and masking, aren't much different than what's in place now.

She noted some employers have not allowed the employees to come back, while they awaited updated guidance from the province.

"I honestly don't see any clarification in there," said Teare. "I think it still is ambiguous as it was even beforehand, especially with the vulnerable sector that seniors are considered."

And the province's new definition of "up-to-date" vaccination has raised more questions than answers, she said.

On April 1, the province announced it was dropping its COVID-19 vaccine mandate for employees in vulnerable sectors, effective April 11.

Employees who were placed on unpaid leave last fall for either being unvaccinated or failing to provide proof of full vaccination could return to work, it said, provided they follow all mitigation measures required by their employer, based on Public Health guidance, until they are fully vaccinated.

What are the mitigation measures?

The Department of Social Development notified long-term care home operators, including nursing homes and all adult residential facilities, of the updated measures on Wednesday, said spokesperson Rebecca Howland. 

"These measures are based on guidance provided by Public Health, some of which are already in place, and include regular testing with rapid [point of care] tests, masking as per facility guidelines, and screening at the beginning of each shift," she said in an emailed statement.

"Continuous masking is already in place due to the nature of this vulnerable sector for all staff, however, the focus for rapid tests will be for those without up-to-date vaccinations."

Facilities are required to develop and implement policy aligning with these mitigation measures, she said.

What's considered 'up-to-date?'

An employee can be exempted from the measures if they are "up-to-date" on their vaccinations, noted Howland.

"Public Health considers vulnerable sector employees to be up-to-date for their COVID-19 vaccinations if they are within six months of receiving the last dose of their primary series of vaccinations, or otherwise have received a booster more than six months after completing their primary series," she said.

Vulnerable sector employees include those who work at Horizon and Vitalité hospitals, for Extra-Mural/Ambulance NB and in correctional facilities.

Asked who else the new definition of up-to-date vaccines will apply to, Treasury Board spokesperson Erika Jutras replied, "The revised vaccination mandate will only be applied to those working in the vulnerable sector of the public service."

The number of doses in a primary series can vary, depending on the type of vaccine, Howland noted. With Moderna, Pfizer and AstraZeneca, it's two doses, and with Johnson & Johnson, it's one dose.

Teare said she's "just as confused" as she was weeks ago, perhaps even more so.

"We were expecting, you know, more increased measures other than what … is currently in place."

And now, "the biggest question here, which causes more confusion," surrounds the new definition of up-to-date vaccinations.

When the vaccine mandate took effect in November, employees who failed to provide proof of vaccination or that they had "initiated the process of vaccination" were sent home without pay, said Teare.

My question now is, how many do we have working in nursing homes that are not … what we would consider fully vaccinated? And what is the process of identifying those individuals?- Sharon Teare, New Brunswick Council of Nursing Home Unions president

"So we know that all those individuals that remained at work following November the 19th either, you know, had their first or second dose.

"So my question now is, how many do we have working in nursing homes that are not … what we would consider fully vaccinated? And what is the process of identifying those individuals?"

Teare said she's not aware of any process, which she finds "very concerning."

"You have … application of a policy and a directive for those who have shown proof of non-vaccination. But yet now we're having those who may not be fully vaccinated and could be as compromised, but yet are still able to continue working."

The New Brunswick Association of Nursing Homes did not immediately respond to a request for comment about how many nursing home employees are not up-to-date on their vaccinations or what process is in place to identify them.

The province is "looking into that information for [the regional health authorities], Extra-Mural/ANB and corrections," the Treasury Board spokesperson said.

"Management is responsible for ensuring mitigation measures are being followed," Jutras said.

The breakdown of vulnerable sector employees in the public service who were unvaccinated or failed to provide proof of vaccination and were placed on unpaid leave when the vaccine mandate took effect, as of November 2021, includes:

Part I employees

• Justice and Public Safety – six (corrections).
• Social Development – two.
• Service New Brunswick – seven.

Part III employees

• Nursing — 84.
• Physicians — Five.
• Patient care support — 21.
• Specialized health care (social workers, pharmacists, physiotherapists) — 10.
• Medical sciences (lab, health information etc.) — 25.
• Institutional – trades, food services, environmental — 57.
• Clerical/administrative support — 40.
• Management and non-union — 15.

This data does not include long-term care employees as they are not government employees.

What are the rules for other vulnerable sector employees?

Teare pointed out other vulnerable sector employees, such as those who work in hospitals, have already been allowed to return to work.

Earlier this week, the Department of Health said mitigation measures for workers returning to health-care facilities include:

• Testing: regular asymptomatic testing three times per week with point of care rapid antigen tests
• Masking: appropriate masking (per personal protective equipment guidelines) per facilities guidelines
• Screening: symptom screening is required at the beginning of every shift

The Horizon Health Network is working closely with the employees to ensure they follow infection prevention control  protocols to protect the health of all physicians, staff and the public, Gail Lebel, vice-president and chief human resource officer, said in a statement.

In addition, risk mitigation measures are being put in place for all employees who are not considered to be up to date on their COVID-19 vaccinations, she said. "This includes employees who have not received their booster dose or six months has passed since their last dose.

"In these cases, employees will be required to perform three point of care rapid tests (POCT) weekly, will be required to wear a mask at all times, and will self-screen for symptoms at the beginning of every shift," Lebel said in an emailed statement.

An online tool is also being put in place to monitor compliance, she said. No other details have been provided.

In correctional facilities, the Department of Health said mitigating measures include:

• Masking: appropriate masking (per PPE guidelines) per facilities guidelines
• Screening: symptom screening is required at the beginning of every shift