Click Here For Chapter 153's Letter To Congress

Hand Sanitizer Expiration Dates

Please check the expiration dates on the hand sanitized that is being distributed by management. If you were issued expired sanitizer, please let me know ASAP at cnolan@nteu153.org

Please mark any expired container you may find as EXPIRED in bold letters

May 1, 2009

 

 

M E M O R A N D U M

 

 

TO: CBP Chapter Presidents

 

RE: Swine Flu – DHS’ Most Recent Interim Guidance

 

SUMMARY:  DHS’ has issued new, but still inadequate guidance to employees on wearing Personal Protective Equipment (PPE).

 

 

By now, you have received yesterday’s interim guidance on Personal Protective Equipment (PPE) issued to all DHS employees.  The guidance mandates masks for employees who work within six feet of those known or suspected to be infected with the swine flu virus.   DHS has recognized that the guidance continues to fall short of the fundamental demand that I have made to CBP and DHS all week:  that CBPOs and other CBP employees whose jobs require them to regularly work within six feet of the traveling public be permitted to wear N95 rated filter masks at their discretion.  DHS has indicated that the interim guidance was not intended to address NTEU’s specific request and that further guidance would be forthcoming, however, we have not seen anything yet.   

 

The all-employee guidance, which assumes that employees will be able to maintain a six foot distance from members of the public exhibiting flu-like symptoms, ignores the actual duties of CBP employees, who must consistently maintain close proximity to the public just to perform their jobs.  It also ignores the fact that a member of the traveling public may be contagious without exhibiting flu-like symptoms.  Concern about alarming the traveling public should not outweigh employee safety.  In fact, I believe the public would understand why employees are taking this precaution.

 

I have pressed these points at the department level with Secretary Napolitano’s office, at the bureau level with Acting Commissioner Ahern and Assistant Commissioner

Tom Winkowski, and in the media all week.  In addition, we have been in contact with the White House, our supporters on the Hill, and OPM pushing for a resolution to this issue.  Attached is a letter I sent to Secretary Napolitano and OPM Director Berry today.  Anything short of allowing discretionary usage of masks until the swine flu threat is gone is unacceptable.

 

We have issued a number of news releases and media statements, and have been conducting interviews with reporters about this situation. We continue to recommend that you refer media calls to the NTEU Public Relations Department at 202-572-5562.  We have also issued a number of employee updates and will continue to do so as appropriate.  The attached employee update will be sent later today.

 

Thank you for your reports of CBPOs being ordered not to wear masks.  They have been extremely useful in rebutting media reported statements from DHS that employees are permitted to wear masks.

 

Short of DHS revising its guidance to permit employees to wear masks, I want to keep the pressure on.  I do not want any NTEU represented employee to be exposed to the H1N1 virus without protection, or at least the option of wearing PPE, including protective masks.  I would encourage employees to put their requests to wear masks in writing.  If those requests are denied or ignored, ask that the denial be documented on the employee’s copy of the request or have the employee note the date and time of the denial, and the name of the manager who denied or failed to act on their request.   Do the same when employees are ordered to remove masks.  Try to collect and maintain all documented instances of denied requests or orders.  At a minimum, by documenting these instances, CBP will see that we are serious about protecting employees’ health. 

 

If an employee suffers from a disability (e.g., a respiratory ailment) that would render the employee more susceptible or sensitive to the virus, have the employee request permission to wear a mask as a form of a reasonable accommodation.  As an alternative, ask that the employee be reassigned to duties that do not involve regular contact with the traveling public until the swine flu threat no longer exists.  

 

Also, I do not want to see a single employee infected with the virus on the job.  But if that happens, causing the employee to miss work and/or incur medical expenses, advise that employee to initiate a Workers’ Compensation claim by filing at form CA-2, Notice of Occupational Disease and Claim for Compensation, with their supervisor.  OWCP’s regulations require agencies to maintain supplies of the CA-2.  Generally, the notice be filed within 30 days of contracting the occupational illness.  The regulations permit someone other than the claimant (employees) to file on the claimant’s behalf if the claimant is unable to do so. 

 

Meanwhile, I will continue to use all available means to press our demand that CBP employees be allowed to wear masks at their discretion.

Colleen M. Kelley

National President

Attachments

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NTEU Presses Agencies for Appropriate

Steps to Protect Employees and Travelers

Washington, D.C.—The leader of the union representing thousands of frontline homeland security employees is moving assertively to seek appropriate steps to protect the traveling public, as well as workers at the nation’s ports of entry and airport passenger screeners from the possibility of contacting swine flu.

The National Treasury Employees Union (NTEU) is in touch with senior management at the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) on this vital issue. NTEU represents the entire 22,000-employee CBP workforce, as well as thousands of TSA screeners at major airports across the nation.

“There are immediate and important issues that need to be addressed,” said NTEU President Colleen M. Kelley, including having DHS modify its ban against CBP Officers and TSA screeners wearing masks so that employees can don a protective mask at his or her discretion.

In the present circumstance, Kelley has called for CBP and TSA employees to have the right to wear masks and gloves, and to have frequent breaks so they may wash their hands; this latter precaution is prominent among the recommendations of a variety of public health experts.

Another issue significantly affecting the work of both CBP and TSA employees is the impact on them of guidance from both the Office of Personnel Management (OPM) and the Centers for Disease Control (CDC) that, for safety reasons dealing with this outbreak, they maintain a distance of at least six feet between themselves and someone who appears to be ill.

“That is virtually impossible for TSOs in the screening process,” President Kelley said, “particularly those assigned to pat-down, wanding and boarding pass checking responsibilities.” As for CBP Officers, she noted they regularly work in close proximity with travelers, including performing such duties as checking documents.

Kelley said NTEU is working to ensure that employees have ready access to hand-washing facilities, and that those assigned to perform functions in closer proximity than six feet be provided the option of wearing protective masks and gloves.

In these discussions, Kelley said NTEU has stressed the fact that both OPM and the CDC have said travelers could be contagious with the disease without showing symptoms, and that any kind of restriction on wearing protective masks by employees undercuts the safety afforded by that measure.

“NTEU believes the best course is to act with an abundance of caution,” the union leader said.

NTEU is the largest independent federal union, representing some 150,000 employees in 31 agencies and departments.

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April 29, 2009

M E M O R A N D U M

 

 

TO: CBP Chapter Presidents

 

RE: Swine Flu Update

 

SUMMARY: NTEU is working aggressively with the Administration and Department of Homeland Security (DHS) officials to protect Customs and Border Protection (CBP) employees to the maximum extent possible.

 

 

Many of you have communicated your concerns about CBP’s policy and instructions to employees on preventing exposure to swine flu. CBP’s policies are being set by officials at the Department of Homeland Security (DHS).

 

NTEU is moving aggressively to demand appropriate steps to protect employees at the nation’s air, land, and sea ports of entry from the possibility of contracting swine flu. I have asked senior management in the Department of Homeland Security to modify its ban against Customs and Border Protection Officers (CBPOs) wearing masks, and permit employees to don a mask at their discretion. I have pointed out to DHS and CBP that the Centers for Disease Control (CDC) has said that a traveler could be contagious with the disease without showing symptoms, and that the ban on wearing masks by employees undercuts the safety afforded by that protection. I have also pointed out that Office of Personnel Management (OPM) guidance telling employees to maintain a distance of at least six feet between themselves and someone who appears to be ill is virtually impossible for CBP employees.

 

CBP’s rationale is that they do not want to alarm members of the traveling public unnecessarily. NTEU believes that travelers would understand ─ many are wearing masks themselves ─ and that the safety of employees is paramount.

 

That being said, my advice is that if employees have the option to wear masks and wish to do so, they should wear them. If they are ordered to remove the masks by management, they should comply with a direct order until this situation is resolved.

 

I am also asking CBP to allow employees to wear gloves and to provide frequent breaks for hand-washing.

 Last night in a conversation with a senior CBP official, I was told that I would receive a response early in the day today. I will notify you as soon as more information is available.

 

I have provided limited comments to the media and have issued a news release today, however, since the situation is changing and our conversations with management officials are ongoing, I am reluctant to provide information that may not be accurate and further alarm the public.

 

Be assured that NTEU will continue to pursue appropriate safety measures for CBP employees as long as the swine flu threat exists. 

Thank you for your service to our country at this critical time. I am very proud of the professionalism and dedication of the CBP employees we represent.

 

Colleen M. Kelley

National President

Click here for Attachments

Copy of an email NTEU Chapter 153 sent to AD Polimeni, DFO Perez, Asst Commissioner Winkowski, Acting Commisioner Ahern and DHS Secretary Napolitano April 27, 2009.

I am writing you today to express my utter dismay at the treatment of the Officers stationed at JFK airport this afternoon. As you well know JFK airport is on the frontline against swine flu, as New York has the most confirmed cases in the United States, and many more pending confirmation. Beginning on Saturday April 25, 2009 officers at JFK began to receive sporadic information regarding swine flu and the use of PPE equipment at JFK airport and management began to distribute  N-95 Niosh masks, gloves, and hand sanitizer to employees working in the passenger processing environment. On Sunday the muster information was more wide spread and employees, although concerned, went about their business without hesitation. This morning additional musters took place and more masks were distributed, but by late afternoon, a total 180° turn in policy took place. Management began by first directing employees that they were "NOT to wear the issued masks unless the passenger was visibly sick". which was soon followed by  they were  "not to wear masks at all, not to cause a panic".  This is appalling. I was reprimanded by a manager in a terminal this afternoon when I handed a mask to an employee who requested it, I was told that a union representative was not allowed to give out masks.

Management has the responsibility to not only protect the public, but first and foremost protect the employees that are tasked with protecting the public. Management's lack of caring and common sense may have very well exposed hundreds of dedicated officers to a confirmed outbreak of swine influenza A (H1N1) by midnight this evening. Now these employees will venture home unaware if they have been exposed to this disease, and may themselves become a vector to their families. This virus is communicable for 24 hours prior to being symptomatic the possibility of this affecting someone else is high.

This agency has stood behind the mantra that front line Officers must comply with grooming standards in order for them to be able to don respirators in time of crisis, yet when that crisis comes the agency balks at the use of respirators because of "public appearance". This in the face of unmeasurable and tragic consequences that those employees and their families may face should they become sick.

The Federal Governments own website, http://www.pandemicflu.gov/plan/community/maskguidancecommunity.html, advises the following:

   * Whenever possible, rather than relying on the use of facemasks or
     respirators, close contact and crowded conditions should be
     avoided during an influenza pandemic.
   * Facemasks should be considered for use by individuals who enter
     crowded settings, both to protect their nose and mouth from other
     people's coughs and to reduce the wearers' likelihood of coughing
     on others.  The time spent in crowded settings should be as short
     as possible.
   * Respirators should be considered for use by individuals for whom
     close contact with an infectious person is unavoidable. This can
     include selected individuals who must take care of a sick person
     (e.g., family member with a respiratory infection) at home.
    

This is in direct conflict with what is being ordered on the ground. Would you not agree that we work in a "Crowded Setting"? And since the passengers may be asymptomatic, it would be reasonable to say that it is possible that we might have unavoidable contact with infected persons? Why would you risk our employees lives by denying them the right to wear a respirator?

This afternoon I listened to a clip by Secretary Napolitano. In this clip she stated that DHS was doing everything it could to protect its employees. Sadly I must disagree with her statement, as this clearly is not the case.
I hope that this issue will be resolved quickly when you see the entire picture, protecting the CBP Officers in every port will protect the public at large. Ignoring this virus is not the answer.


Yours Truly,
/s/
Charles Nolan
President
NTEU Chapter 153
JFK Airport
Jamaica, New York
347-401-2892
cnolan@nteu153.org

347-401-2892

cnolan@nteu153.org

In case you were not aware, the CDC has issued a Public Health Emergency in regard to the swine flu outbreak in the United States and Mexico.

Here is a Podcast from the CDC regarding Swine Flu:

 
Click here for podcast transcript

Here is Homeland Security Secretary Janet Napolitano making a statement VIA CNN:

I have e-mailed the Area Director, asking for CBP's plan of action to protect our employees and family's health. 

Here is her response to my inquiry:

NTEU is still working on this issue, and we feel that this is not an appropriate response, considering the gravity of the situation

Until there is a more definitive plan of action from CBP, please follow these simple steps to help limit your risk.

There is ample supply of hand sanitizer, gloves, surgical masks and NIOSH respirators available in the Yellow Safety cabinets located in every terminal. There are also sanitizing surface spray and wipes to clean your work stations.  If you are unsure where these are located, contact your supervisor and they will be able to help you.

Until we have been briefed or you have received guidance thru your chain of command, please refer to the CDC information I have provided below to help bolster your preventative measures:

What can I do to protect myself from getting sick?
There is no vaccine available right now to protect against swine flu. There are everyday actions that can help prevent the spread of germs that cause respiratory illnesses like influenza. Take these everyday steps to protect your health:

What should I do if I get sick?
If you become ill with influenza-like symptoms, including fever, body aches, runny nose, sore throat, nausea, or vomiting or diarrhea, you may want to contact their health care provider, particularly if you are worried about your symptoms. Your health care provider will determine whether influenza testing or treatment is needed.

If you are sick, you should stay home and avoid contact with other people as much as possible to keep from spreading your illness to others.

If you become ill and experience any of the following warning signs, seek emergency medical care.

In children emergency warning signs that need urgent medical attention include:

In adults, emergency warning signs that need urgent medical attention include:

Swine Flu

What is Swine Influenza?
Swine Influenza (swine flu) is a respiratory disease of pigs caused by type A influenza virus that regularly causes outbreaks of influenza in pigs. Swine flu viruses cause high levels of illness and low death rates in pigs. Swine influenza viruses may circulate among swine throughout the year, but most outbreaks occur during the late fall and winter months similar to outbreaks in humans. The classical swine flu virus (an influenza type A H1N1 virus) was first isolated from a pig in 1930.

How many swine flu viruses are there?
Like all influenza viruses, swine flu viruses change constantly. Pigs can be infected by avian influenza and human influenza viruses as well as swine influenza viruses. When influenza viruses from different species infect pigs, the viruses can reassort (i.e. swap genes) and new viruses that are a mix of swine, human and/or avian influenza viruses can emerge. Over the years, different variations of swine flu viruses have emerged. At this time, there are four main influenza type A virus subtypes that have been isolated in pigs: H1N1, H1N2, H3N2, and H3N1. However, most of the recently isolated influenza viruses from pigs have been H1N1 viruses.

Swine Flu in Humans

Can humans catch swine flu?
Swine flu viruses do not normally infect humans. However, sporadic human infections with swine flu have occurred. Most commonly, these cases occur in persons with direct exposure to pigs (e.g. children near pigs at a fair or workers in the swine industry). In addition, there have been documented cases of one person spreading swine flu to others. For example, an outbreak of apparent swine flu infection in pigs in Wisconsin in 1988 resulted in multiple human infections, and, although no community outbreak resulted, there was antibody evidence of virus transmission from the patient to health care workers who had close contact with the patient.

What are the symptoms of swine flu in humans?
The symptoms of swine flu in people are expected to be similar to the symptoms of regular human seasonal influenza and include fever, lethargy, lack of appetite and coughing. Some people with swine flu also have reported runny nose, sore throat, nausea, vomiting and diarrhea.

Can people catch swine flu from eating pork?
No. Swine influenza viruses are not transmitted by food. You can not get swine influenza from eating pork or pork products. Eating properly handled and cooked pork and pork products is safe. Cooking pork to an internal temperature of 160°F kills the swine flu virus as it does other bacteria and viruses.

How does swine flu spread?
Influenza viruses can be directly transmitted from pigs to people and from people to pigs. Human infection with flu viruses from pigs are most likely to occur when people are in close proximity to infected pigs, such as in pig barns and livestock exhibits housing pigs at fairs. Human-to-human transmission of swine flu can also occur. This is thought to occur in the same way as seasonal flu occurs in people, which is mainly person-to-person transmission through coughing or sneezing of people infected with the influenza virus. People may become infected by touching something with flu viruses on it and then touching their mouth or nose.

What do we know about human-to-human spread of swine flu?
In September 1988, a previously healthy 32-year-old pregnant woman was hospitalized for pneumonia and died 8 days later. A swine H1N1 flu virus was detected. Four days before getting sick, the patient visited a county fair swine exhibition where there was widespread influenza-like illness among the swine.

In follow-up studies, 76% of swine exhibitors tested had antibody evidence of swine flu infection but no serious illnesses were detected among this group. Additional studies suggest that one to three health care personnel who had contact with the patient developed mild influenza-like illnesses with antibody evidence of swine flu infection.

What medications are available to treat swine flu infections in humans?
There are four different antiviral drugs that are licensed for use in the US for the treatment of influenza: amantadine, rimantadine, oseltamivir and zanamivir. While most swine influenza viruses have been susceptible to all four drugs, the most recent swine influenza viruses isolated from humans are resistant to amantadine and rimantadine. At this time, CDC recommends the use of oseltamivir or zanamivir for the treatment and/or prevention of infection with swine influenza viruses.

What other examples of swine flu outbreaks are there?
Probably the most well known is an outbreak of swine flu among soldiers in Fort Dix, New Jersey in 1976. The virus caused disease with x-ray evidence of pneumonia in at least 4 soldiers and 1 death; all of these patients had previously been healthy. The virus was transmitted to close contacts in a basic training environment, with limited transmission outside the basic training group. The virus is thought to have circulated for a month and disappeared. The source of the virus, the exact time of its introduction into Fort Dix, and factors limiting its spread and duration are unknown. The Fort Dix outbreak may have been caused by introduction of an animal virus into a stressed human population in close contact in crowded facilities during the winter. The swine influenza A virus collected from a Fort Dix soldier was named A/New Jersey/76 (Hsw1N1).

WASHINGTON -- The United States has activated an emergency plan to combat swine flu as the Obama administration announced measures Sunday to contain the sometimes deadly virus.

The Centers for Disease Control and Prevention has identified the strain of flu and has developed anti-viral medications for distribution. A quarter of the stockpile is being released around the country in places where swine flu has been located or may be expected to spread, Homeland Security Secretary Janet Napolitano said in a briefing at the White House. The U.S. stockpile is currently 50 million doses.

Travel advisories have not been issued by the State Department, Napolitano said, nor is the United States going to screen passengers on flights arriving from Mexico. She said funds have been freed up in case a larger response is needed.

Hand-washing, mask-wearing and other measures will help prevent the spread, Napolitano said. 

"If you are sick, stay home," Napolitano said, explaining how the public can help slow the spread. "Take all of those reasonable measures that will help us mitigate and contain" the illness.

People who are ill should not go on airplanes, to school or other places, added Dr. Richard Besser, the acting head of the CDC.

Besser said the United States is working with the World Health Organization, Canada and Mexico as well as other organizations to reduce the spread, which appears to have originated in Mexico and has resulted in up to 81 deaths there. 

The CDC has issued advice on its Web site on how to avoid the sickness and how to react if people think they are infected. 

Click here for the CDC Web site.

"Every outbreak is unique" and it's very hard to say how long it will be before it's contained. But Besser said since it's near the end of flu season right now, a decline would be likely.

However, he added, "We view this more as a marathon. We do think this will continue to spread but we are taking aggressive actions to minimize the impact on people's health." 

"Even if this outbreak is a small one we can anticipate that we may have a subsequent of follow on outbreak in several months from now," Napolitano said.

John Brennan, assistant to the president for homeland security, said President Obama has offered his full support to the Mexican government and people. He said increased surveillance efforts have resulted in the identification of new cases over the last 24 hours.  

"Early identification is vitally important," Brennan said. "Communications have been robust and medical surveillance efforts are fully activated."

Brennan said early communications and quick response will be the key to combating an outbreak of the swine flu, which has had spread rapidly throughout the world. 

In the U.S., 20 cases of swine flu have been confirmed in California, New York, Texas, Ohio and Kansas. Patients have ranged in age from 9 to over 50. Besser said that all the cases have resulted in recovery and one person remains hospitalized.

The incubation period for swine flu is 24-48 hours. White House spokesman Robert Gibbs said despite reports Obama did not have a medical exam since it's been nine days since he left Mexico.

Gibbs said earlier Sunday that now is not the time to panic.

"We are increasing the monitoring and preparedness that we would need to have in place in order to deal with any sort of emergency, but it is of concern to the White House," Gibbs said on "Meet the Press."

As the briefing was occurring, Mexico City's mayor announced that two more people died overnight in the capital of swine flu, and three other deaths are suspected to have been caused by the new strain. Marcelo Ebrard said 73 more people have been hospitalized with influenza and authorities are investigating how many of them may have been infected with swine flu.

The deadly swine flu strain in Mexico has sickened more than 1,324 since April 13. Israel, New Zealand, Spain and other nations have reported suspected isolated cases after citizens from those countries returned home from Mexico.

The Israeli Health Ministry said the biggest concern is a spread of the disease from person to person. 

"The main route of contamination would be from person to person and not from pigs. There is no swine flu in pigs in Israel. There are not many pigs in Israel," said Dr. Hagai Levin.

"You can not get the swine flu from eating pork," Napolitano said.

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