Understanding HIV/Aids in the workplace

2007/08/20

It is important that everybody understands the impact of HIV/Aids in the workplace, on the employer and employee and that the two must work together to find the best way of managing the ailment in the workplace.

While the disease is more common in unskilled labourers, a skilled labourer who is infected could have quite a negative effect on the company unless the disease is well managed from the start. This is because as the disease progresses untreated, the infected person will become more ill, take more days off work and eventually be unable to come to work at all. Unfortunately, there are usually many infected workers at any company, and hopefully these companies have put measures in place to deal with the HIV/aids impact.

Employers cannot demand that you get tested, unless the reason is acceptable in court, and to date, this has not happened as all applications for forced testing have been denied. However, companies can request their staff to be tested as part of an awareness campaign, but remember that managers cannot demand to know the status of their employees. Added to this, employees who tell their managers, place a huge amount of trust in their managers, and these managers should not under any circumstances betray this trust.

People infected with HIV have the right to apply for any position, and employers cannot discriminate against them on grounds of the infection, unless the reason is justifiable. If a person who is already employed becomes infected, to the point where they can no longer do their job, then the company’s own internal rules governing incapacitation come into play, as well as the regulations for sick and annual leave.

It must also be remembered that the company has no reason to pay for extra medical expenses. The company though, and its management may have to adapt certain elements of the job, or even find a new one for the infected employee.

Another issue is that of workers infected as a result of a work-related incident. These workers would have to claim in terms of the Occupational Injuries and Diseases Act (formerly Workmen’s Compensation), and if the company is shown to be negligent, the compensation could be increased.

It is for this reason that all companies must ensure that their policies in terms of safe working environments, are up to date and that they can manage situations that could lead to accidental exposure. Health and safety representatives, such as occupational nurses, first aiders etc. should also update their skills regularly and be trained in the use of precautions such as mouth pieces and gloves, the administration of Aids treatment, and managing the patient after exposure.