POLICY ON HIV/AIDS POLICY STATEMENT Human Immune Deficiency Virus (HIV) infection and the Acquired Immune Deficiency Syndrome (AIDS) in the workplace is a major health problem, with employment, economic and human rights implications. As one response to this problem, we as the Communication Workers Union will utilise this policy as a framework wherethro' we would negotiate a binding policy with employers - were we organise. POLICY PRINCIPLES § The same ethical principles that govern all health/medical conditions in the employment context apply equally to HIV/AIDS. § The gravity and impact of the HIV/AIDS epidemic and the potential for discrimination create the need for a specific policy on HIV/AIDS § Given the increased risk of the spread of the disease under conditions of economic insecurity, non discriminatory approaches enable economic and public health management § This policy will aim to ensure non-discrimination between individuals with HIV infection and those without and between HIV/AIDS and other comparable health/medical conditions § This policy is also based on the fundamental principles of human rights and patient rights, World Health Organisation / International Labour Organisation Standards and guidelines, Medical and Occupational Health Ethical Principles, Sand Epidemiological Data, Prudent Business Practise and a Humane and Compassionate attitude to individuals. This approach aims to achieve a balance in protecting the rights of both the employer and employees. This will include detailing a balance between individual protection and co-operation between parties. § Employees with HIV should be treated the same as any other employee. Employees with HIV related illness including Aids should be treated the same as any other employee with a life threatening illness. § In its scope, the policy should cover; o All employees and prospective employers
o Workplaces and contracts of employment
o Specific policy components detailed below; - Education, Awareness and Prevention Programmes
- Job Access
- HIV Testing and Training
- Managing illness and Job Security
- Occupational Benefits
- Risk Management, First Aid and Compensation
- Protection against Discrimination
- Grievance Handling
- Monitoring and Review
EDUCATION, AWARENESS AND PREVENTION PROGRAMMES · Information, Education and Prevention programmes should be developed jointly by the union and Management and should be accessible to all at the workplace. Education on HIV/AIDS should incorporate the families of employees. · Essential components of prevention programmes are information provision, education, prevention and management of STD's, condom promotion and distribution and counselling on high-risk behaviour. Workplace Aids Programmes should co-operate with and have access to resources of National Aids Programmes. JOB ACCESS · There should be no direct or indirect pre-employment tests for HIV. Employees should be given the normal medical test for current fitness for work but these tests should not include testing for HIV. · Indirect screening methods such as question in verbal or written from inquiring about previous HIV tests and/or questions related to the assessment of risk behaviour should not be permitted. WORKPLACE TESTING AND CONFIDENTIALITY · There should be no compulsory workplace testing for HIV, voluntary testing for HIV on the request of the employee should be done by a suitable qualified person in a health facility with informed consent of the employee in accordance with normal medical ethical rules with pre and post testing counselling · Persons with HIV or AIDS should have the legal right to confidentiality about their HIV status in any aspect of their employment. An employee is under no obligation to inform an employer of her/his HIV/AIDS status. Information regarding the HIV status of an employee should not be disclosed without the employees written consent. · Confidentiality regarding all medical information of an employee or respective employee should be maintained, unless disclosure is legally required. JOB STATUS · HIV status should not be a factor in Job Status, promotion or transfer. Any changes in job status should be based on existing criteria of equality of opportunity, merit and capacity to perform the work to a satisfactory standard. HIV TESTING AND TRAINING · In general, there should be no compulsory HIV testing for training. HIV testing for training should be governed by the principle of non discrimination between individuals with HIV infection and those without and between HIV/AIDS and other comparable health/medical conditions MANAGING ILLNESS AND JOB SECURITY · No employee should be dismissed merely on the basis of HIV status, nor should HIV status influence retrenchment procedures · Employees with HIV related illness should have access to medical treatment and should be entitled, without discrimination, to agreed existing sick leave provisions · HIV infected employees should continue to work under normal conditions in their current employment for as long as they are medically fit to do so. When on medical grounds continue with normal employment, efforts should be made to offer them alternative employment without prejudice to their benefits · When the employee becomes too ill to perform their agreed functions, the standard benefits and conditions and standard procedures for termination of service for comparable life threatening conditions should apply without discrimination. OCCUPATIONAL BENEFITS · Government, employers and the union should ensure that occupational benefits are non discriminatory and sustainable and provide support to all employees including those with HIV infection. Such occupational benefits scheme should make efforts to protect the rights and benefits of the dependants of the deceases and/or highly infected employees · Information from benefit schemes on the medical status of an employee should be kept confidential and should not be used by the employer or any other party to affect any other aspect of the employment contract or relationship. · Medical schemes and health benefits linked to employment should be non discriminatory. Private and public health financing mechanism should provide standard benefits to all employees regardless of their HIV status. · Counselling and advisory services should be made available to inform all employees on their rights and benefits from medical aid, life insurance, pensions and social security funds. This should include information on intended changes to the structure, benefits and premium to these funds. · Under conditions where employees move from work, employers should lift restrictions to enable them to move with their families and dependants · Employees who are in an occupation that requires routine travel in the course of their duties should be provided with the means to minimise the risk of infections including information, condoms and adequate accommodation. PROTECTION AGAINST VICTIMISATION · Employees affected by or believed to be affected by HIV or AIDS should be protected from stigmatisation and discrimination by co-workers, employers or cherits. Information and education are essential to maintain the climate or mutual understanding necessary to ensure this protection · Where employees and the union agree that there has been adequate information and education and provision for safe work, then disciplinary procedures should apply to persons who refuse to work with an employee with HIV/AIDS. GRIEVANCE HANDLING Standard grievance handling procedures in the workplace, in labour and civil law that apply to all workers should apply to HIV related grievance. Personnel dealing with HIV related grievances should protect the confidentiality of the employees' medical information. MONITORING AND REVIEW Responsibility for monitoring and review of the policy lies with the management and the Communication Workers Union. Compiled by: The Education Department
12 December 1998
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