The first to creak was the Veneto. Almost in a whisper, the governor Luca Zaia admitted that he had frozen the suspension of the no vax health personnel, that is, those who refused to undergo the anti-Covid vaccination, with any serum.
Because? With pragmatism Zaia admitted that «at the moment we are not proceeding. We continue with the papers, but to date we do not go ahead at full speed, the measures already taken are “frozen” for a moment, waiting for more clarity at the national level ».
“I have always said that the suspension of the no vax doctors is a lame duck, it is something that lends itself to a lot of paperwork: because intervening on an already dated work contract and therefore legally lends itself to an appeal”.
In other words, Veneto fears that it will face a legal disaster, made up of suspensions, consequent appeals to the TAR, battles in court at the expense of taxpayers.
And in the rest of the Northeast? Let’s assume that the topic is complex on several fronts because it is constantly evolving.
What the law and the Veneto case say
The fixed point is the decree law 44/2021, which provides for the obligation of anti-Covid vaccination for all health personnel.
Here is article 4: “Vaccination is an essential requirement for carrying out work and for exercising the health profession.
It can only be avoided in the event of an established health hazard due to particular documented clinical conditions.
Failure to vaccinate leads to suspension from duties that involve interpersonal contacts, with consequences in terms of pay ”.
If until yesterday the Veneto seemed the anti no-vax champion, in no time it put the cards in the drawer, freezing the application of the state law.
What is behind the movements that are taking place in other regions? Well, in Lombardy the TAR has recently set the hearing of a group of applicants against the anti-Covid vaccination obligation.
Alto Adige and Friuli for now are marching straight on the road of suspension.
In Lombardia in 300 al Tar
«The Tar for the Lombardy ordered at the request of the applicants the setting of the hearing on the merits, hopefully by the end of the year, with the possibility for the applicants to request the precautionary suspension, should further measures of the ASL intervene ”.
This was announced by Professor Daniele Granara, a lawyer for over three hundred doctors and nurses who asked the TAR for Brescia but also to that of Milano, the cancellation of the vaccination obligation for medical personnel.
“I am sure – added the lawyer – that the good reasons for the appeals will be carefully evaluated in the decision, trusting in a positive outcome, to safeguard the principle of self-determination of the inviolable rights of health professionals and in the public interest of the same. Asl to a correct management of health facilities and to the protection of people’s right to health “.
And here, in the light of these statements, it is easy to understand what the “paperwork” Zaia refers to.
At the Tar also in Emilia Romagna
Head-on collision between no-vax health personnel and health companies also in Emilia Romagna. A handful of days ago, the first provisions were initiated aimed at leading to the suspension of remuneration for those who continue to refuse to undergo the inoculation of anti-covid serum without clear reasons.
But there are already the first appeals, presented to the TAR of Emilia-Romagna by a lawyer from Genoa representing 150 employees of the Ausl from Modena to Romagna.
Three hundred in Lombardy, 150 in Emilia-Romagna, that’s why Veneto has pressed the brake on the suspensions.
Bolzano has already suspended over 150 operators
The Healthcare Company ofSouth Tyrol has so far suspended 153 unvaccinated health workers.
The findings of non-compliance with the vaccination obligation have been notified and, for the moment, the suspended health workers cannot present themselves at the workplace.
Within a few days the possibility of demotion or smartworking will be verified. In the event of a negative outcome, the suspension will have retroactive effect from the day of notification of the assessment.
According to the Provincial Order of Doctors, there are over three thousand health workers who have not vaccinated themselves against Covid-19 in South Tyrol: about a thousand belong to the health company, the others are part of the external staff.
Claudio Volanti, president of the Order, explains to the Sanità Informazione website that it is not known who they are or, above all, how many doctors refuse the vaccine.
“It is a data protected by the privacy guarantor, there is no distinction by professional profile, we have not yet received any communication and we do not know the number of doctors who will actually be suspended.
The law provides that, after the assessment, communication will be made to the healthcare professional concerned, to the reference Order and to the company.
The employer can decide to move the healthcare professional to another position and the Bolzano healthcare company has decided to give priority, in this sense, to those who cannot get vaccinated due to health problems and then to those who refuse ».
Trento has been sending letters since Monday and will then begin to suspend
The situation in the province of Trento is this: from Monday, July 26, the Provincial Agency for Health Services of Trento (Apss) will send 1,100 recommendations to as many operators, setting them the appointment for vaccination: place, date, time, everything you need.
The recipients are considered the “tough” who have not yet responded to any reminders. There are at least another thousand who, at least, have motivated their decision or impossibility in various ways.
And then there are another thousand thirty health care workers without vaccines because they had Covid in the previous six months.
According to the data provided by the App and reported by Ioppi, the health workers who have not yet carried out the vaccine in Trentino are between ten and 11% of the total.
“These are data that change from day to day, and in any case we believe that doctors not yet vaccinated are a lower percentage than that registered among nurses and social and health workers (Oss)”, the president said here.
The position of the Order of Nurses (Opi) is clear :. “The nursing profession, like all other intellectual professions in the health sector, adheres to the principles of professional ethics that guide nurses in science and conscience in making choices that respond to the imperative principle of protecting people’s health.
The OPI of the Province of Trento strongly reiterates that the nursing profession recognizes the value of scientific evidence as the basis of professional action and as a guarantee towards the assisted person and their relationship with nurses “.
What happens in Friuli Venezia Giulia
Wait for a decision shared with all the Regions and in the meantime accelerate the vaccine campaign and convince the skeptics. On these fronts the game of Friuli Venezia Giulia is being played in anticipation of Tuesday’s meeting with the Government.
The numbers of Fvg. In Friuli Venezia Giulia, however, there are still 1,350 health workers from the three companies in Friuli Venezia Giulia who were still unvaccinated, with the total rising to 5,000 – that is 11% of the total – also taking into account private facilities.
Looking at the data communicated a handful of days ago by the Health Councilor Riccardo Riccardi in the Regional Council, compared to the May numbers, Friuli Venezia Giulia has “recovered” 463 health workers who, in fact, appear to have joined the vaccination campaign.
We are speaking, in detail, of 60 doctors, 243 of nurses, midwives and health assistants, 113 of Oss and other support staff as well as 47 health technicians.
In addition, social workers and psychologists should also be included in the account, but in this sense the starting partial (i.e. the number at the end of May) of the central Friuli company is missing and, therefore, the monthly comparison would not be correct.
The suspensions. There were also the first suspensions in the region, aimed at the 73 nurses out of 177 employees of the Western Friuli Health Authority (Asfo) and residing in the province Pordenone not vaccinated.
“Each of them – explained Luciano Clarizia, president of the Order of Nurses of Pordenone – was sent a Pec with which we communicated the temporary suspension from the register until they get vaccinated or demonstrate that they cannot do it for health reasons”.
Suspensions underlined by the president can be blocked at any time “as long as there is a communication from the Department of Prevention”.
Smaller numbers for the central Friuli health authority: in the province of Udine A dozen letters of warning were sent even if the employees of the Asufc not immunized exceeded one thousand (1,064).
Anyone who has received one of the letters sent, therefore, will have to justify the lack of vaccination.
Among the accepted hypotheses, having already developed antibodies after a positivity to Covid, being affected by certain pathologies, having booked but not yet having received the first dose. For the convinced no-vax, however, the suspension will immediately start.
«The decision is taken by the health company where the colleagues work – remarked the president of the Order of Doctors of Udine, Gian Luigi Tiberio -. We take note of the communication we receive and note the suspension “ope legis”, given that the non-vaccination by health professionals implies the inability to carry out work in contact with people ».
Regarding Trieste e Gorizia, Antonio Poggiana, director general of the Giuliano Isontina university health authority, announced that “they will leave next week”.
At the moment, he explained, 361 Asugi employees are not vaccinated out of a total of about 6,300: 25 doctors, 176 nurses, midwives, health assistants, 88 Oss, 65 technicians.
“We have mapped any places that can be relocated, which are absolutely marginal, some units – Poggiana specified – I am awaiting the communication of the names of non-vaccinated people from the Prevention Department, which will be reported to orders. We will instead proceed with the suspension from service”.
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