2. National, Industry, and Company Policies and Procedures for Dealing with HIV/Aids

Vision Statement

Formal and informal work sites will develop and implement HIV/AIDS workplace policies and programmes to protect workers living with or affected by HIV and AIDS, assist in reducing the spread of HIV and prevent HIV/AIDS-related stigma and discrimination.

The foundation of the National Workplace Policy on HIV/AIDS is the ten (10) key principles identified in the International Labour Organization Code of Practice on HIV/AIDS and the World of Work. The Ministry of Labour and Social Security and its stakeholders fully support these ten (10) key principles and urge all workplaces to use them as a basis for developing and implementing HIV/AIDS workplace programmes and policies.

1. HIV/AIDS as a Workplace Issue

South Africa recognizes HIV/AIDS as a workplace issue that impacts productivity and the country’s development and also recognizes that it should be treated like any other serious illness or condition in the workplace. It is also a workplace issue, not only because it affects the workforce but also because the workplace can play a vital role in limiting the spread and effect of the HIV/AIDS epidemic.

2. Non-Discrimination

There should be no discrimination against workers based on real or perceived HIV status.

Discrimination and stigma inhibit prevention and support efforts.

3. Gender Equality

The gender dimensions of HIV/AIDS should be recognized. The physical/biological, social, cultural, emotional and economic impacts of HIV/AIDS may differ between men and women and must therefore be addressed from a gender-sensitive perspective.

4. Healthy Work Environment

The work environment must be as healthy and as safe as possible for all concerned parties, in order to prevent transmission of HIV, in accordance with the provisions of the Occupational Safety and Health Act.

5. Social Dialogue

The principle of social dialogue, trust and cooperation between employers, workers, their representatives and the government should be recognized and sustained to ensure effective HIV/AIDS policy and programme implementation.

6. Non-Screening for purposes of exclusion from employment and work processes

There is no justification for any HIV/AIDS screening for purposes of exclusion from employment or work processes. HIV/AIDS screening must not be required of job applicants or employees. This does not preclude informed consent between an employer and (potential) employee. Each person (employer and employee) should endeavour to know his/her HIV status through the voluntary National Workplace Policy on HIV and AIDS counseling and testing (VCT).

Clause 8.1 on Testing from the ILO code of practice on HIV/AIDS and the world of work states:

“HIV testing should not be required at the time of recruitment or as a condition of continued employment. Any routine medical testing, such as testing for fitness carried out prior to the commencement of employment or on a regular basis for workers, should not include mandatory HIV testing”.

According to Clause 8.2:

(a) HIV testing should not be required as a condition of eligibility for national insurance schemes, insurance policies, occupational schemes, and health insurance.

(b) Insurance companies should not require HIV testing before providing coverage for a given workplace. They may base their cost and revenue estimates and their actuarial calculations on available epidemiological data for the general population.

(c) Employers should not facilitate any testing for insurance purposes and all information that they already have should remain confidential.

7. Confidentiality

Confidentiality should be maintained. No job applicant or worker should be asked to disclose his or her HIV status or HIV-related information and no co-worker should be asked to reveal such information about fellow workers. Access to personal data relating to a worker’s HIV status should be bound by the rules of confidentiality consistent with the ILO Code of Practice on the Protection of Workers’ Personal Data, 1997.

8. Continuation of Employment

HIV infection cannot be a cause for termination of employment. HIV/AIDS should be treated like any other medical/health condition – persons who are HIV positive or have HIV-related illnesses should be able to work for as long as they are medically fit in available, appropriate work.

9. Prevention

The workplace is an appropriate setting for interventions and strategies related to the prevention of HIV, which are appropriately targeted to local conditions, culturally sensitive, and involve all social partners.

Changing attitudes and behaviour through education and training is essential to promote prevention.

10. Care and Support

The workplace is appropriate to promote care and support for all workers, including those affected or infected by HIV/AIDS, and their entitlement to affordable health care. All workers should have full access to benefits from any relevant social security programmes and occupational schemes.