Views
4 years ago

FAWU Specific HIV and AIDS Policy - Food and Allied Workers Union

FAWU Specific HIV and AIDS Policy - Food and Allied Workers Union

Good Practice on

Good Practice on HIV and AIDS in the workplace to prevent infections and to ensure that all members and employees who are infected and affected work in an environment of respe ct and friendship and continue to live healthy and productive lives.” 5. POLICY ELEMENTS FAWU will issue a Code of Good Practice on HIV and AIDS to all employees wi th details of the systems and procedures designed to: 1. Prevent infections 2. Professionalise HIV testi ng 3. Make a voluntary noti fi cati on of HIV status to the employer 4. Provide ca re and support to members and employees who are infected or affected 5. Exercise discipline in cases of unfair discrimination 6. Monitor and evaluate the impact of this policy Policy positions on each of these elements follow. 5.1 Preventing Infections In te rms of Secti on 8(1) of the Occupational Health and Sa fety Act, No. 85 of 1993; an employer is obliged to provide, as fa r as is reasonably practicable, a safe workplace. This includes ensuring that the risk of occupational exposure to HIV is mi nimised to: (a ) Infected Employees (b) Affected Employees The practical actions the FAWU will take include: (a ) Creating a structure (or structures) within the organisation tha t is mandated to implement develop and finalise a Code of Good Practice on HIV and AIDS in the Workpla ce. (a ) Distributing quality condoms within the workpla ce to help mana ge the spread of HIV and AIDS. (b) Promoting awareness of HIV and AIDS prevention, treatment and ca re programmes in the public and private sector. (c) Encoura ging HIV positive employees to re giste r onto an appropriate HIV and AIDS mana gement programme. 5.2 Position Regarding HIV Testing No employee, or applicant for employment, ma y be re qui red by his or her employer (FAWU) to undergo an HIV tes t in order to ascertain his or her HIV status. Section 2

7(2) of the Employment Equity Act states tha t: (a ) Medi cal tes ting of an employee is permissible only when legislation requires tes ting or when this is justifiable for various reasons ; (b) HIV tes ting is prohibited unless such tes ting is determined to be justifiable by the La bour Court. According to Section 54(1) of the Employment Equity Act, No. 55 of 1998, no person ma y unfairly discriminate, directly or indirectly, against an employee in any employment policy or practice, on one or more of the grounds listed in the Act, including a person’s HIV status. In any legal proceedings in which it is alleged tha t an employer has discriminated unfairly, the employer mus t prove that any discrimination or differentiation was fai r. In a ccordance wi th Secti on 24(2)(e) of the Medi cal Schemes Act, No. 131 of 1998, a registered medi cal aid scheme ma y not unfairly discriminate directly or indirectly against its members on the basis of thei r ‘sta te of health’. Further in te rms of s67(1)(9), re gula tions have been drafted stipulating tha t all schemes must offer a mi nimum level of benefits to their members . 5.3 Voluntary Notification of HIV Status to the Employer In a ccordance wi th both Common Law and Section 14 of the Cons ti tution of South Africa Act, No. 108 of 1996, all persons wi th HIV or AIDS have a ri ght to privacy, including privacy concerning their HIV and AIDS status. Accordingly, the re is no legal duty on an employee to disclose his or her HIV status to their employer or to other employees. However, in order to access ca re and support in the workplace, an employee can choose to disclose his or her status to the employer, and should be gi ven every confidence that this disclosure will be kept confidential. 5.4 Providing Care and Support to Members and Employees Who are Infected FAWU shall provide the following benefits: (a ) A 50% medi cal contri bution to employees as per the existing policy on medical aid. (b) When an employee is infected with HIV as a resul t of an occupational exposure to infected blood or bodily fluids, he or she should apply for benefits in te rms of Section 22(1) of the Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993. (c) In a ccordance wi th the Basic Conditions of Employment Act No. 75 of 1997, every employer is obliged to ensure tha t all employees re ceive ce rtain basic standards of employment, including a minimum number of days sick 3

Education Strategy - Food and Allied Workers Union
The Union Forum Summer 2012 - Fishermen, Food and Allied Workers
The Union Forum - July-Aug 2008 - Fishermen, Food and Allied Workers
Negotiator's pack on tackling HIV/AIDS ... - Unite the Union
Informal Workers HIV/AIDS Peer Education Project, 2005/7.
Social protection policies at the service of HIV and AIDS - VSO
Trade unions and employers jointly fighting HIV and Aids - Swhap
Union Action on HIV/Aids. Lessons in Good Practice - BWI
FAWU Bulletin, 31 July 2009 - Food and Allied Workers Union
FAWU Bulletin, 24 November 2008 - Food and Allied Workers Union
FAWU Bulletin, 27 February 2009 - Food and Allied Workers Union
FAWU Bulletin, 4 September 2009 - Food and Allied Workers Union
FAWU Bulletin, 13 March 2009 - Food and Allied Workers Union
FAWU BULLETIN 19 June 2009 - Food and Allied Workers Union
FAWU Bulletin, 7 November 2008 - Food and Allied Workers Union
FAWU Bulletin, 3 April 2009 - Food and Allied Workers Union
FAWU Bulletin, 24 June 2011 - Food and Allied Workers Union
Head Office - Food and Allied Workers Union
FAWU Bulletin, 8 May 2009 - Food and Allied Workers Union
FAWU Anti-Walmart Campaign - Food and Allied Workers Union
Africa Sugar Digest vol2: Number 5 - Food and Allied Workers Union
Introduction to the Manual - Food and Allied Workers Union
Proposed Amendments to the Labour Bills - Food and Allied ...
Transport and allied workers union v Unitrans - saflii
HIV infected Health Care Workers - Hepatitis, AIDS, Research Trust
HIV/AIDS Policy in South Korea - HIV/AIDS Data Hub
Bahamas Hotel Catering & Allied Workers Union - Judicial ...
PART II: Manufacturing Insecurity at Nestle - Food and Allied ...
Bahamas Hotel Maintenance & Allied Workers Union v Bahamas ...
HIV/AIDS: General Overview - National Association of Social Workers