psa union workers walking the talk, hiv.pptx 1

PSA UNION WORKERS WALKING THE TALK, HIV/AIDS &

WELLNESS INFORNATION SHARING WORKSHOP

SPECIFIC LEGISLATION ADDRESSING HIV IN THE WORKPLACE23-24 APRIL 2013

MIRRIAM GURAJENA

INTRODUCTION

HIV infections occur anywhere, even in workplaces.Infection are high in the productive age group, the

workers.HIV causes ill health at times.Ill health can negatively affect productivity and

quality of life.

A person infected with HIV can live a productive long life with support.

WHY HIV LEGISLATION

Knowledge of laws that address HIV/AIDS in the workplace informs the worker on:

• HIV related programs in the workplace.• Worker’s personal responsibility towards their

on wellness.• Employer responsibility towards worker

welfare.• Conditions of service and worker and

workplace rights.

OBJECTIVES

By the end of this session participants should be able to:

• facilitate discussion on HIV related workplace legislation in Zimbabwe.

• promote worker wellness even at a personal level.

HIV RELATED LEGISLATION IN ZIMBABWE

Statutory Instrument (S.I.) 202 of 1998 Labour relations (HIV/AIDS) regulation 1998.

S.I. 68 of 1990

Criminal Law (codification and reform) Act Chapter 9:23

Statutory Instrument (SI) 202 of 1998 Labour relations (HIV/AIDS) regulation 1998

Responsibilities of the employer. Provides information on;• Promotion of safe sex and risk reduction.• The acquisition and transmission of HIV.• Preventing the spread of HIV and also provides

HIV counselling services.All education to be provided by a health

professional following prescribed guidelines.

S.I. 202 of 19198 cont…

• Is responsible for educating employees during working hours.

• Promotion of safe sex and reduction of sexually transmitted infections (STIs).

HIV testing not to be a precondition for employment.

Medical testing for fitness can be done but it is not necessary to disclose to the employer. Disclosure can only be done with the worker’s consent.

JOB STATUS AND TRAINING

No employer shall terminate employment on the basis of the employee’s HIV status alone.

No employee shall be prejudiced in relation to:• promotion• transfer• training• some development program or status.

ELIGIBILITY FOR EMPLOYER BENEFITS

• HIV status shall not affect eligibility for employer benefits.

• HIV status only affects as in all other illnesses.• If testing necessary, employer shall make sure

that the employee undergoes pre and post test HIV counselling.

• No inferences shall be drawn if employee refuses compulsory HIV testing.

ELIGIBILITY FOR EMPLOYER BENEFITS cont…

Unless testing is related to occupational benefits from the employer, it is not necessary for the employer to know the test results.

LEAVE

• Sick leave is as for anyone else.• If person is employed in an occupation where

there may be a risk of transmitting or acquiring HIV the employer shall provide appropriate training together with clear accurate information and guidelines on minimizing hazards of the spread of HIV.

• Working conditions shall be designed to prevent spread of HIV.

LEAVE cont…

• Personal protective devices shall be issued free of charge by the employer.

• Employer shall review for efficacy, equipment, devices, procedures and guidelines

INFORMATION

An employer shall provide every employee with a copy of these regulations.

Contravening these regulations is an offence.

L.R. (General amendment) regulations,2008 (2)

CONDITIONS OF EMPLOYMENT

PROVIDED FOR/ NOT PROVIDED FOR

COMMENTS BY LABOUR OFFICER/ INSPECTOR & ACTION TAKEN

i) Accessibility of S.I.202 of 1998

ii) Any HIV/AIDSa) Sector policy in

place.b) Workplace.

iii) Any HIV/AIDS committee/coordinator.

iv) Education and awareness of employees

L.R. (General amendment) regulations,2008 (2) cont…

CONDITIONS OF EMPLOYMENT

PROVIDED FOR/ NOT PROVIDED FOR

COMMENTS BY LABOUR OFFICER/ INSPECTOR AND ACTION TAKEN

V) HIV/AIDS risk management

vi) Any peer educators and counsellors

vii) Medical testing

S.I. 68 of 1990THIRD SCHEDULE (SECTION15 (5))

DUTIES OF THE EMPLOYER (paraphrased)

a) Provide equipment, materials, and protective devices for their business.

b) Maintain above in good working order.c) Ensure health and safety measures are carried

out in the workplace.d) Equipment, materials provided are used as

prescribed.

DUTIES OF EMPLOYER CONT…

e) Establish occupational health services for workers and maintain to standard.

f) Where prescribed, workers who are certified to work in given areas.

g) Workers are provided with written instructions in a language they understand on measures and procedures to be taken for protection against risks to health and safety.

DUTIES OF EMPLOYER cont…

h) Health and safety programs to be carried out during time for work.

i) Regularly updates and writes policy.j) Supports establishment of health and safety

committee, and support the committee’s work.

k) Ensures there is a supervisor or health and safety representative who shall ensure health and safety of the workers.

DUTIES OF HEALTH AND SAFETY REPRESENTATIVE

a) Ensures health and safety of the workers.b) Ensures proper usage of equipment,

protective devices or clothing provided by the employer.

c) Reports and investigates accidents or identifies potential hazards which may affect health and safety of workers and advises on the same.

DUTIES OF HEALTH AND SAFETY REPRESENTATIVE cont…

d) Where prescribed, is provided with instructions in writing of any other measures or procedures to be taken for his protection, and takes the precautions.

ROLE OF HEALTH AND SAFETY COMMITTEE

a) Promote workplace health and safety awareness

b) Respond to workers health and safety concerns.

c) Help solve occupational health and safety problems.

d) Participate in hazard awareness campaigns.e) Promote worker attendance at training and

orientation sessions

ROLE OF HEALTH AND SAFETY COMMITTEE cont…

f) Review safe work practices.g) Help select tools, equipment and personal

protective equipment.h) Participate in workplace inspection to

identify hazards.i) Review accidents and illness reports to

identify their cause and prevent their occurrence.

ROLE OF HEALTH AND SAFETY COMMITTEE cont…

j) Develop safety policies and procedures.k) Establish links with other committees.

DUTIES OF THE WORKER

a) Reports to employer or representative defects in equipment, devices and observed hazards.

b) Have prescribed medical examinations at the expense of the employer.

c) Comply with prescribed protective measures.d) Use or wear the equipment, protective

clothes provided by the employer.

DUTIES OF THE WORKER cont…

e) Not to expose self to danger.f) Not to remove workplace protective devices

or clothing for purposes not connected with protection of the worker at work.

CRIMINAL LAW (Codification and reform) Act Chapter 9:23

a) Deliberate infection of another with a sexually transmitted disease is an offence.

b) Deliberate transmission of HIV is an offence.

AN INFORMED WORKER IS AN EMPOWERED

PERSON

THANK YOU