The fight didn’t end there. Some hospitals kept trying to make nurses wear masks. The nurses objected again. Again they won. In a September 6, 2018 decision, arbitrator William Kaplan agreed with Hayes’s ruling. In fact, Kaplan went further than Hayes, calling the evidence in favor of mask mandates “insufficient, inadequate, and completely unpersuasive.” Later in his ruling, he wrote: The preponderance of the masking evidence is compelling – surgical and procedural masks are extremely limited in terms of source control: they do not prevent the transmission of the influenza virus.
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