PSCBC Resolutions

The public service coordinating bargaining council (PSCBC) acknowledges the seriousness of HIV / AIDS and that there is still no cure. HIV knows no social, gender or racial boundaries but is accepted that socioeconomic circumstances do influence disease patterns and it thrives in environments of poverty, violent crimes such as rape. Transmission is exacerbated by disparities in resources, patterns of labor migration and people mobility. Women are particularly vulnerable to infection due to economic and gender imbalances and certain cultural practices. The spread of HIV / AIDS does not preclude the sexual abuse (sodomy) of men.

The PSCSBC seeks to eliminate the social stigma and discrimination based ignorance and prejudice of members who openly declare their HIV status and practices such as pre employment HIV testing and dismissal for being HIV positive or IDS ill.

It seeks to minimize economic and developmental consequences which impact negatively on service delivery, productivity and cost, employee benefits, workplace morale and health.

The PSCSB commits itself to support the provision of resources and leadership to implement HIV / AIDS and STD in the workplace programs.

VISION
The PSCSB commits itself to its social partners to actively engage in:

Prevention programs
• Counseling and support to infected and affected members and their families where possible to support the provision of means to speed up delivery on educating our members on HIV / AIDS issues.
• Resources and leadership to implement HIV/AIDS and STD workplace programs
• The creation of non discriminatory environment that will ensure the ability to deal with HIV/AIDS in a sensitive and human manner within the working environment.
• Protection of confidentiality for members whose HIV status is known and those who voluntary test and disclose

This policy will apply to all official signatories within the ambit of the PSCBC and as per Constitution of the membership of the PSCBC.

HIV stands for HUMAN IMMUNODEFICIENCY VIRUS. It is blood borne virus transmitted amongst human beings. HIUV attack the immune system and once it has rendered it incompetent, a person could develop variable illnesses because the body will too weak to defend itself.

ACQUIRED IMMUNE DEFICIENCY SYNDROME. AIDS is a condition when the body’s defense system is deficient and various life threatening infections occur. These life threatening infections are called opportunistic infections or diseases.

There are six stages in the progression of HIV

5.6.1 The first stage is the initial infection with HIV

5.6.2 THE WINDOW PERIOD. This is the stage where a person is already infected with HIV but antibodies that determine the presence of HIV have not formulated.

5.6.3 SEROCONVERESION. This is when the status of a person changes from HIV negative to becoming HIV positive. Although a person may not be ill, they can infect others.

5.6.4 The ASYMPTOMATIC stage is when a person has been diagnosed HIV positive but shows no sign of illness. As in the previous stage, the person can infect others.

5.6.5 The fifth stage is AIDS RELATED COMPLEX (ARC) sometimes called SYMPTOMATIC stage. It is a stage when a person develops certain symptoms that are persistent but take longer to cure.

5.6.6 The sixth and the last stage is AIDS. It is when a person’s body sinful of HIV and the immune system is deficient. A person with AIDS will develop several illnesses that are difficult to control or cure, which may finally be the cause of death. Life expectancy depends on the availability of the treatment.

4.4 Modes of Transmission

HIV can be transmitted from one person to another through the following means:

4.4.1 Unprotected sex

4.4.2 During pregnancy or through birth canal

4.4.3 Exposure to contaminated blood or

4.4.4 Exposure to other body fluids and breastfeeding

3 WELLNES MANAGEMENT PROGRAMMES

The PSCBC acknowledge that is cost effective to establish HIV health management programs in a work environment. HIV care and treatment should be made a priority. Treatment means better access to HIV Testing and counseling, providing medicines for opportunistic infections caused by HIV, encouraging openness and treating HIV/AIDS human right issue. Wellness management is a useful concept to use in relation to HIV/AIDS and STD, as it is clearly highlights the need and importance of keeping a person with HIV healthy. Therefore PSCBC will encourage establishment of

HIV/AIDS wellness management programs to provide the following:

5.1.1 Ongoing HIV/AIDS training and information sharing by trained professional personnel on sexuality, sexually transmitted disease, information on treatment and their relation to HIV infection.

5.1.2 Prevention awareness on an ongoing process that includes a condom distribution programs

5.1.3 Counseling at three levels; psychological, spiritual and emotional counseling for employers/employees who area infected or affected.

5.1.4 Group therapy counseling

5.1.5 Provision of resources/ information on anti-retroviral medicines. opportunistic infections and prophylaxis for post occupational exposure or rape

5.1.6 Unlinked voluntary testing and counseling

5.1.7 Encouragement to test and disclose with protected confidentiality

A successful and effective HIV/AIDS programs depends on a collaborative action that involves partnerships. The partnership must include non-governmental organization (NGO's) and community based organizations (CBO's). The support should include:

5.2.1 Bereavement counseling extended to family where possible

5.2.2 Active role playing in HIV/AIDS education for the infected/affected

5.2.3 Support for those who want to live openly with HIV (disclosure)

5.3 Employee benefits
Principle of non-discrimination in relation to all employee benefits including:

5.3.1 Disability benefits
5.3.2 Group life assurance
5.3.3 Spouse and children death and funeral benefits
5.3.4 Health benefits (chronic and health management group) medical aid
5.3.5 Pension and provident funds
5.3.6 Occupational and injury compensation

Relevant labor legislation:

6.1 Constitution Of The Republic Of South Africa [Act No 200 Of 1993]

The constitution gives all employees the right to fair “labor practices”. Further more, the equality clause states that everyone is entitled to equality and freedom from unfair discrimination

6.2 2labour Relations Act [Act No 66 Of 1995]

The LRA regulates the relationship between employer and employee. It prohibits unfair discrimination and protects employees against arbitrary dismissals.

An employee with HIV/AIDS may not be dismissed simply because of his/her HIV status, or discriminated against with regard to employee benefits, staff training, and other work related opportunities.

However where there are valid reasons related to their capacity to continue working and fair procedures having been followed, their services may be terminated in accordance with Section 188(1)(a)(i)

6.3 Basic Condition Of Employment Act [Act No 75 Of 1997]

This Act sets out the minimum standards to which every employee is entitled. It therefore sets out, amongst others, maximum number working hours and minimum number of day’s sick leave every employee is entitled to.

6.4 Compensation Of Occupational Injuries And Disease Act[Act No 130 Of 1993]

The Act provides compensation for employees who are injured in the “course and scope” of their employment. Should an employee become exposed to HIV during occupational accident then:

6.4.1 an accident report should be completed and handed to the supervisor
6.4.2 an employee should be tested for HIV to determine his/her baseline status
6.4.3 any other person who has been involved in the accident should be tested with his/her consent
6.4.4 if the employee was negative at the time of the accident, he/she should be re-tested at three and six months periods after the accident
6.4.5 if he/she sero-converts during this period, an application for compensation may be made.

6.5 Employment Equity Act [ACT No 55 OF 1998]

Prohibition of unfair discrimination

The provision of chapter 2 of the Act prohibit unfair discrimination either directly or indirectly on a wide range of following grounds:

Race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language and birth. Medical testing is not allowed unless it is inherent requirement of the job, while no psychological testing or other testing assessment can be done unless such tests are validated and not biased. In addition, HIV testing can only be carried out if authorized by the Labour Court

6.6 Occupational Health And Safety Act [Act No 85 Of 1993]

An employer is obliged to provide, as far as reasonably practicable, a safe workplace. This may include ensuring that the risk of occupational exposure to HIV is minimized.

In relation to HIV/AIDS, it is an employer’s duty to ensure that steps are taken to asses the risk of occupational HIV infection, that the risk of HIV infection is minimized ,that the first-aid equipment is readily available to deal with spilt blood and body fluids, that staff is trained on safety steps following an accident. (Section 8(1))

6.7 Employee’s Right To Confidentiality
Every employee has a common law right to privacy. This means that the employee does not have a legal duty to inform their employees of their HIV status, nor may a health care worker reveal their HIV status to their employer without their consent. Should an employee voluntarily divulge their HIV status to management, it cannot be used against them or be prejudiced or divulged without the employee’s consent.

6.8 National Policy on testing as Gazetted by minister of Health. Gazette number 20710

6.9 The Code Of Good Practice
The Code of Good Practice also addresses the key aspects of HIV/AIDS and Employment. It provides framework at which the employer and employees could establish mutual agreements, based on principles of employment justice and efficient operation of business. While employees should be protected from arbitrary action, employers are entitled to satisfactory conduct of work performance from their employees.