Technical guidelines to help employers manage HIV/Aids in the workplace were published on Monday. Releasing the document in Pretoria, Labour Minister Membathisi Mdladlana said he was confident it would contribute to the fight against the disease.
”One of the goals must be to promote safe and healthy sexual behaviour,” he told reporters.
The 70-page document complements a code of good practice on key aspects of HIV/Aids in the workplace, published in 2000 in terms of the Employment Equity Act.
Mdladlana said the guidelines built on the code, suggesting ways to ensure that workers affected by HIV/Aids were not discriminated against.
The document says it is vital for employers to have a management plan to deal with HIV/Aids cases, and to make this part of their core activities.
Organisations should set up a representative Aids committee with formal terms of reference.
This body should have a clear mandate to devise an HIV/Aids policy for the company to deal with the disease. It should put the plan into action and monitor its effectiveness.
The policy should adhere to several basic principles in terms of legislation.
HIV testing is, for example, not allowed as a pre-requisite for employment, and no worker may be discriminated against because of his or her HIV status.
In the case of persistent illness, an employee may be referred for medical examination and may be required to undergo an HIV test, but HIV test results will not be disclosed to management without the employee’s written consent, and such disclosure should be treated as confidential.
An employee with HIV/Aids will be expected to meet the same performance requirements that apply to other workers, with reasonable accommodation if necessary.
”Reasonable accommodation refers to those steps that management will take regarding any employee with a disability,” according to the guidelines.
These may include flexible working hours or re-assigning a worker.
”HIV-infected employees will be entitled to the same benefits as all other employees.”
Employers should allocate a budget to ensure their HIV/Aids policies are carried out.
Mdladlana said it was vital that something be done about HIV/Aids in the workplace.
”The disease results in prolonged absenteeism and loss of production with cost implications for the employer. It further affects the morale of the labour force.”
The guidelines came at a crucial time.
”We offer this as a tool to the players in the labour market. If used correctly… it could be a mechanism to improve the lives of millions of people in South Africa,” Mdladlana said. – Sapa