Taxco Workplace Policy on HIV/AIDS
WORKPLACE POLICY ON HIV/AIDS
Taxco views all its employees as a valuable asset. Taxco accepts that HIV/AIDS and other life- threatening diseases can impact on all areas of the employment relationship and service provision.
To this end, Taxco will endeavour to create a non-discriminatory workplace where all employees, including those with HIV/AIDS and other life threatening diseases, will be treated in a similar fair and equitable manner, and with the necessary regard to relevant legislation and legal principles. The workplace policy on HIV/AIDS forms part of Taxco’s procedures for dealing with these matters.
1. PURPOSE
1.1. To establish and implement a workplace policy on HIV/AIDS for Taxco and to reinforce an ongoing commitment between employer and employee in this regard.
2. APPLICATION
2.1. All employees with HIV/AIDS will be treated in the same way as any other employees, in terms of
2.1.1 application for employment
2.1.2. terms and conditions of employment, inclusive of those pertaining to any other chronic medical condition
2.1.3. training, staff development and promotion opportunities
2.1.4. workplace policies and practices and
2.1.5. termination of employment
2.2. Taxco will adopt appropriate measures to ensure that employees with HIV/AIDS are treated in a non-discriminatory and supportive manner, and are protected from victimisation.
3. LEGISLATION
3.1. All persons with HIV/AIDS have both a common-law and constitutional right to privacy regarding their HIV/AIDS status. There is therefore no
legal duty on any employee to disclose his/her HIV/AIDS status to the employer. Taxco will respect this right.
3.2. Taxco will adhere to the requirements and principles laid down by relevant legislation in respect of employment, discrimination and dismissal issues, and be guided by such legislation in order to ensure the effective implementation of an HIV/AIDS programme.
4. OBJECTIVES OF THE POLICY
4.1. This policy aims to guide Taxco, employees and prospective employees on how best to manage HIV/AIDS within the organization,
in order to:
4.1.1. ensure non-discrimination between individuals with HIV infection and those affected (e.g. co-workers) and between HIV/AIDS and other life threatening conditions;
4.1.2. create a safe and healthy working environment for all (employees and members of the public who utilize Taxco’s facilities);
4.1.3. introduce educational awareness and prevention programmes to contain and prevent the spread of HIV;
4.1.4. manage and support those individuals who are infected or affected by HIV/AIDS so that they may continue to work productively for as long as possible;
4.1.5. to ensure that there is no person unfairly discriminates against an employee or prospective employee on the basis of his/her HIV status;
4.1.6. to ensure that no employee will be denied employment, be treated unfairly within the employment relationship, or be unfairly dismissed on the basis of his/her HIV status.
5. SCOPE OF THIS POLICY
5.1. This policy replaces all previous policies relating to HIV/AIDS and will cover:
5.1.1. all employees, and
5.1.2. all workplaces and contracts of employment under the jurisdiction of the Taxco and it’s associated companies.
5.2. Education, Awareness and Prevention Programmes
5.2.1 Taxco will provide HIV/AIDS life-skills training and empowerment programmes for all its employees.
5.2.2. These will focus on:
5.2.2.1. education on health promotion
5.2.2.2. appropriate prevention and management of STI's and TB
5.2.2.3. condom promotion and distribution
5.2.2.4. Counselling on risk reduction.
5.3. Awareness Programmes
5.3.1. Every department, depot or workplace will participate towards developing and implementing a workplace HIV/AIDS Awareness Programme.
5.3.2. A range of activities will be launched, which will include exhibitions, posters, newsletters, etc as may be necessary to promote awareness.
5.3.3. All new employees will attend an awareness programme as part of their induction training.
5.4. Education and Prevention Programmes
5.4.1. Education is the most effective measure in the prevention of HIV infection.
5.4.2. Education is also the best way to reduce discrimination, both in and out of the workplace.
5.4.3. Taxco will develop comprehensive and effective ongoing education programmes.
5.4.4. All employees will be exposed to educational programmes on an on-going basis.
5.4.5. Departmental educators will be identified and trained to promote the programme at workplace level.
5.4.6. Taxco will give active support, within budget limitations, to HIV/AIDS education projects for employee families.
5.4.7. The workplace programme will be based on consultations between the employer, management, trade unions and, where appropriate, non-governmental organizations with expertise in HIV/AIDS education, counselling and care.
5.4.8. These programmes will cover the following aspects:
5.4.8.1.the transmission of HIV
5.4.8.2.Sexually Transmitted Infections (STI's) and Tuberculosis
5.4.8.3.safer sex
5.4.8.4.the use of condoms in preventing HIV/AIDS and STI's
5.4.8.5.a healthy lifestyle
5.4.8.6.attitudes myths and misconceptions
5.4.8.7.universal precautions
5.4.8.8.legal and ethical issues and
5.4.8.9.women’s rights
5.5. Confidentiality and Disclosure
5.5.1. All persons with HIV/AIDS have the legal right to privacy regarding their HIV status related to all aspects of employment.
5.5.2. An employee is under no obligation to inform the employer of his/her HIV status.
5.5.3. Where an employee chooses to disclose his/her HIV status to the employer, this information will not be disclosed to others without that employee’s express consent.
5.5.4. When an employee chooses to publicly disclose his/her HIV status, the employer will ensure as far as possible that the employee enjoys all legislative protection in respect of such disclosure.
5.6. HIV testing
5.6.1. No employee or prospective employee will be required to submit him-/herself to an HIV test in order to ascertain her/his HIV status.
5.6.2. HIV testing may only take place:
5.6.2.1.on the basis of voluntary, informed and written consent; and
5.6.2.2.if the labour court has declared such testing to be justifiable.
5.6.3. In case where testing is done, the responsible official will ensure that the employee or prospective employee will have access to adequate professional pre-test and post-test counselling
5.6.4. Where HIV testing has been authorised by the Labour court, it will be carried out on the basis of voluntary written consent and in a manner which protects the rights of employee concerning his or her privacy.
5.6.5. If the organisation undertakes surveillance testing for organizational risk assessment, it must be conducted with due regard for ethical and legal considerations, and the anonymity of employees must be ensured.
5.7. Creating a safe working environment
5.7.1. Taxco will provide and maintain as far as is reasonably practically possible, a working environment that is safe and without risk to the health of its employees.
5.7.2. Taxco will provide psycho-social support to the counsellors and affected staff.
5.7.3. Taxco will implement steps to ensure that the risk of HIV transmission in the workplace is minimized. These will include:
5.7.3.1.Assessing the risk, if any, of the occupational transmission of HIV within the workplace
5.7.3.2.Providing appropriate training on how to deal with and reduce the risk of HIV transmission at work.
5.7.3.3.Providing appropriate equipment and materials to deal with and reduce the risk of transmission at work.
5.7.4. Where a real possibility of HIV transmission exists following an occupational accident, Taxco will take all reasonably necessary steps in terms of national guidelines on post-exposure prophylaxis to assist the employee in:
5.7.4.1.assessing the risk of HIV transmission and
5.7.4.2.preventing the risk of HIV transmission.
5.7.5. Taxco will develop guidelines regarding the steps to be taken in the event of an occupational incident with a risk of HIV infection. These guidelines will include the following elements:
5.7.5.1.creating an awareness of the risk of HIV transmission in the event of an occupational incident involving blood or bodily fluids.
5.7.5.2.voluntary HIV testing of employees involved in incidents of possible exposure to contaminated bodily fluids, and
5.7.5.3.reporting procedures.
5.7.6. Non-compliance with health and safety procedures may constitute grounds for disciplinary action.
5.8. Compensation for Occupational injuries and Diseases Act (130 of 1993)
5.8.1. Taxco will take all reasonable steps in terms of the Act to assist employee with claims for compensation.
5.9. Employee benefit Schemes
5.9.1. Taxco will ensure that the employees with HIV/AIDS are not unfairly discriminated against in respect of the allocation of employee benefits.
5.10. Medical Aid Schemes
5.10.1. Taxco will prevail on these funds to maintain a non-discriminatory attitude towards patients with HIV/AIDS and to treat such patients in a similar manner to those affected by otherlife threatening diseases.
5.10.2. Normal benefits should be available to all who initially qualify for admission to the funds via normal procedures.
5.11. Retirement Funds (where applicable)
5.11.1. Taxco will prevail on the Funds to maintain a non-discriminatory attitude towards patients with HIV/AIDS and to treat such patients in a similar manner to those affected by other life-threatening diseases.
5.11.2. No person should be denied access to the Retirement Funds, provided they fulfil the normal initial criteria for admission.
5.12 Managing HIV positive employees
5.12.1. HIV infected employees will continue to work under normal conditions in their current employment for as long as they are medically fit to do so.
5.12.2. In this, consideration will not only be given to their ability to perform their assigned duties, but also their susceptibility to infection (e.g. Nursing staff working in a TB clinic).
5.12.3. Taxco will work towards ensuring that the performance of every staff member is maintained, where possible. This may include
measures such as:
5.12.3.1. giving the employees with HIV/AIDS time off according to the leave policy to attend clinics or counselling sessions (see also the clauses pertaining to Confidentiality and Disclosure above)
5.12.3.2. transferring the employee to lighter or less stressful duties, or reasonably accommodating him/her within the workplace, where necessary and possible.
5.12.3.3. when the employee is no longer able to work, dealing with the employee in terms of relevant conditions of service and policies.
5.12.4. Employees with HIV/AIDS will be governed without distinction or discrimination according to existing sick leave allocations.
5.12.5. Where an employee has exhausted or is close to exhausting her or his sick leave allocation, a joint investigation into possible alternatives will be undertaken within the parameters of the Conditions of Service.
5.12.6. If health care facilities or services are not available at the place, employees will be referred to appropriate services within the community.
5.12.7. Taxco will assist employees with HIV/AIDS to obtaining medical treatment.
5.13. Grievance Procedures
5.13.1. Taxco will ensure the protection of the rights of employees with HIV/AIDS, and make support remedies available to employees in the event of a breach of such rights, and ensure that these steps become integrated into existing grievance procedures.
5.13.2. Taxco will create an awareness and understanding of the support systems available to employees who are discriminated against on the basis of the HIV status.
5.13.3. Taxco will develop special measures to ensure the confidentiality of the complainant during grievances proceedings, including the holding of such proceedings in private.
5.14. Termination of Services
5.14.1. An HIV/AIDS infected employee will enjoy the same rights according to any other employee with medical conditions in terms of the Labour Relations Act.
6. POLICY REVIEW
6.1. This policy will be reviewed regularly, as and when necessary, by the Trustees.
7. GLOSSARY
ï' HIV: Human immune-deficiency Virus
ï' AIDS: Acquired Immune Deficiency Syndrome
ï' STI: Sexually Transmitted Infection
ï' TB: Tuberculosis
8. NOTES
8.1. Applicable Legislation, subject to amendment without notice:
8.1.1. Labour Relations Act, No. 66 of 1995 (Schedule 7 , Part B – Unfair Labour Practices, Section 2)
8.1.2. Occupational Health and Safety Act, No. 85 of 1993 (Sections 9-2)
8.1.3. Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
8.1.4. Basic Conditions of Employment Act, No. 75 of 1997 (Sections 22 and 23, 78 and 79)
8.1.5. Medical Schemes Act, No. 131 of 1998 (Section 24(2)(e)
8.1.6. Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000 (chapter 2 – Sections 6 and 9, Chapter 5)
8.1.7. Employment Equity Act, No. 55 of 1998 (Chapter 2)
8.1.8. Constitution of the Republic of South Africa, Act No. 108 of 1996 (Bill of Rights, Section 14 – relating to privacy)
8.2. Other relevant guidelines / procedures / codes:
8.2.1. “Guidelines for developing a workplace policy and programme on HIV/AIDS and STDs,” issued by the Department of Health: HIV/AIDS and STD's, March 1998.