The following outlines Ocean Legacy Marine (the Company) policy and procedures for interacting with employees who have been medically diagnosed with or who are suspected of having the AIDS (Acquired Immune Deficiency Syndrome) virus.
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Our Objective
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The objective of our AIDS policy is to reassure our employees that AIDS is not spread through casual contact during normal work practices and to reduce unrealistic fears about contracting an AIDS virus-related condition. Our policy also protects the legal right to work of employees who are diagnosed with an AIDS virus-related condition and provides guidelines for situations where infection with the AIDS virus is suspected. Our policy is to encourage sensitivity to and understanding for employees affected with a condition of the AIDS virus.
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General policy outline
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The Company is committed to maintaining a healthy work environment by protecting the physical and emotional health and well-being of all employees in the workplace. We also have a continuing commitment to provide employment for people with physical disabilities who are able to work. This AIDS policy is a direct outgrowth of those commitments. It provides guidelines for situations when a question as to an AIDS virus-related condition arises.
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There are three major points:
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Employees who are diagnosed with an AIDS virus-related condition may continue to work if they are deemed medically able to work and can meet acceptable performance standards. The Company will provide reasonable performance standards and reasonable accommodation if necessary to enable these employees to continue working.
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We commit to provide AIDS education for all employees to help them understand how the AIDS virus is spread and to reduce unrealistic fears of contracting an AIDS virus-related condition.
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The term "AIDS virus-related conditions" refers to the following four medically diagnosed conditions:
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- Presence of the AIDS antibody without symptoms of AIDS
- Presence of an AIDS - related complex (ARC)
- AIDS
- Central nervous system infection
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Medical overview for Staff
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Medical experts on AIDS virus-related conditions have informed us that there isno known risk of AIDS transmission between an affected employee and other employees through either casual or close contact that occurs during normal work activities.An AIDS virus-related condition is not transmitted by breathing the same air, using the same lavatories, touching a common piece of paper, or using the same telephone. Transmission of the virus through oral secretions or tears is not a recognized risk according to medical authorities. Additionally, the virus is very fragile and has been found to be transmitted only through intimate exchange of bodily fluids (for example, blood or blood-contaminated tissue fluids such as semen or vaginal fluid).The AIDS virus attacks the immune system, causing a breakdown in a person’s normal protection against infection. This leaves the body vulnerable to life-threatening illnesses. In addition, the virus by itself can affect the nervous system.Individuals of all sexual preferences are at risk of contracting an AIDS virus-related condition. According to medical experts, the AIDS virus is transmitted in the following ways: sexual contact through transmission of semen or vaginal fluids; intravenous drug administration with contaminated needles; administration of contaminated blood or blood products; and passage of the virus from infected mothers to their fetus or newborn. However, there is no evidence to suggest that pregnant women are particularly susceptible to any AIDS virus-related illness or condition. Recent medical evidence suggests that an AIDS virus-related condition can have an incubation period of several weeks, months or years before symptoms appear. Medical findings indicate that a person who has a positive antibody test will not necessarily develop an AIDS virus-related condition. The presence of the AIDS antibody is a sign of infection, not immunity, unfortunately.As is true for any person with a life-threatening illness, a person diagnosed with an AIDS virus-related condition deserves and requires compassion and understanding. While that person is attempting to cope with his or her own vulnerability and fears, the support and understanding of friends and colleagues can be particularly valuable.Some people have fears about contracting AIDS based on misinformation or lack of knowledge about how AIDS is spread. Education providing accurate medical information can best alleviate fears of contracting an AIDS condition.
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Infected staff Considerations
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Infected employees should be treated empathetically and in exactly the same way as other terminally ill staff or other staff who have serious injury or health problems. If a situation arises where an employee is found to be HIV positive and where his performance is affected, it is management’s duty to ensure that they are not simply discharged. This would be an unfair labour practice. Management has a duty nevertheless to ensure that productivity and morale is not disrupted, and should take one of the following alternatives into consideration when it becomes clear that the employee is no longer able to carry our his present function or where it would be insensitive to colleagues or customers to leave the employee in his present position.
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- Place the person in an alternative position if he is able to perform the function
- Adjust the salary and benefits in accordance with an alternative function offered to the employee
- Consider adjusting the work schedule (hours) or place of work, to provide for more convenient circumstances for the employee
- Consider alternative positions - bearing in mind sound business practice
- Where alternative positions are not available, an application for ill health retirement benefits may be considered.
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If an infected person is working in the kitchen or any department where there is a danger of being cut and blood subsequently contaminating food, then transfer of that staff member to another department must be effected. This should be done in consultation with the Managing Director who can be contacted at . kevin@olm,bz
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Other Staff
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Should there be negative reactions from colleagues of infected staff each situation will be assessed and dealt with appropriately as it arises. It may also be necessary to arrange for an informed professional to educate the staff. It is necessary to be sensitive and responsive to colleagues concerns.
However, where there is no risk to other employees, and employees remain unwilling to work with an HIV positive colleague, after reassurance and with all appropriate safety and health precautions having been taken by the Company, he will be warned that such behaviour is unreasonable and scientifically unjustified and that his own employment situation may be placed in jeopardy.
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If an infected employee is being victimised or harassed at work, making working life intolerable or impossible, the Company has a duty to support the employee in order that he may work without disruption or harassment from fellow workers.
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Recruitment
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The Company does not require applicants for employment to be tested for life threatening diseases or HIV. The criterion to use is "suitability to fulfil the job requirements". However, the health section of the Medical Aid Application Form and the Employment Application Form must be accurately completed.
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Testing of Employees
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Testing will only be undertaken on a voluntary basis when requested by the employee and will be for the employee’s own cost. However, in the event of prolonged or repeated sick leave, the Company (at its cost) may request a medical examination by a medical practitioner of its choice as is the case with any other chronic or serious illness. The results of such an examination will be divulged to the Company but must be handled on a confidential basis.
Where required, professional counselling services should be made available (see attached list).
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This counselling service should also be used when a job performance problem indicates that testing for HIV is necessary.
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Aids Information
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The National Aids Information Service number is 0800 112322
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When Results Are Positive
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Employees receiving HIV positive results are not under any obligation to inform the Company. However, HIV positive employees who work in the kitchens or whose work performance is affected are urged to inform either the Managing Director or their immediate Manager, so that the problem can be dealt with and employee assisted. When the employee discloses test results to the Company, and where counselling has not taken place, this should be arranged and medical aid assistance should be explained. Counselling may also be required for the employee’s family.The results of tests are to be kept strictly confidential. Only management who need to know should be informed confidentially. Disclosure or a breach of confidence could be regarded as an unfair labour practice or a violation of the rights of the employee.
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First Aid Practices Adopted by the Company
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Every First Aid Box must contain disposable gloves for use by the First Aider when dealing with cuts and abrasions so that they cannot be infected. Employees providing assistance should wash their hands thoroughly with disinfectant, soap and water afterwards and destroy the gloves.
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Continued Employment
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Aids will be treated like any other life threatening disease and employees may continue to work for as long as their condition allows, provided that they meet required performance standards and are not a threat to their own safety or that of others.
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Medical Aid Benefits
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HIV positive employees are encouraged to use their private medical practitioner or Provincial Hospital services which are multi-disciplinary in approach and include full counselling services.
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At present available Medical Aids pay only a limited amount per service:
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- Hospital treatment,
- Medicines,
- Doctors,
- Testing and associated costs, etc
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Retirement Funds
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At present, Aids is treated in the same way as any other terminal illness by the Retirement Fund. Ill-health retirement because of Aids will be handled in the same way as any other case of ill-health retirement.
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Education
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Currently the best way of preventing the spread of the HIV virus (in view of the lack of an antidote or vaccine) is through education. Professional services are available in most centres. These involve the use of talks, videos, discussion groups, etc. and management is advised to make use of these facilities so that staffs are well informed about Aids and HIV.
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The Company does not have the facilities or expertise to mount a nation-wide campaign for its staff and available community facilities should be used for this purpose. (See below for list of these services).
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Forcing AIDS education upon employees may be counterproductive. Therefore, it is recommended that staff be encouraged to participate in the planning of any educational activities to ensure that they succeed.
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Compassionate Salary Payments
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When all appropriate alternative work options have been exhausted and prior to the employee being recommended for ill health retirement, it could be that circumstances call for additional compassionate payments of salary from the company.
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Managements responsibilities
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The Company believes that the physical and emotional health and well-being of all employees must be protected, and reasonable accommodation for the medically impaired employee with an AIDS virus-related condition must be provided, as long as the employee is able to meet acceptable performance standards. To ensure these goals are met, the following guidelines are to be followed:
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Any company employee diagnosed with an AIDS condition is entitled, as is any other employee, to confidentiality of their medical condition and medical records.
If an employee with an AIDS condition requests job accommodation for his/her medical condition, the employee must obtain a written medical opinion that he/she (a) is medically able to work and (b) needs reasonable job accommodation in order to maintain employment.If it is deemed medically necessary, based upon current physical impairment, the company and the employee’s supervisor will work to bring about any reasonable job modification or job transfer of the employee with a diagnosed condition of AIDS.If a healthy employee refuses to work with an employee who is diagnosed with an AIDS condition and is medically approved as able to work, job transfer or other work accommodation for the healthy employee will only occur when medically indicated by written order of his/her physician. The medical order must be a signed medical statement requesting this job change. In the absence of a medical order, normal transfer procedures will be followed.
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Aids - Available Resources
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AIDS TRAINING AND INFORMATION CENTRE
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PORT ELIZABETH: Ground Floor
Bristor House
Main Road
Tel: (041) 506-1911/1415/1357/1249
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Counselling services for Aids patients and their families are provided by various organisations as well as by psychologists and social workers. Details can be obtained from the Aids Training and Information Centre.
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THE PHARMACEUTICAL SOCIETY OF SOUTH AFRICA
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Pharmacy House
26 Juta Street
Johannesburg
2000
Tel: (011)339-1752
This policy is also available in hardcopy by contacting our HR administrator who is available for immediate assistance if and when required.
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