Working here. Creating a secure workplace. Health. HIV/Aids: Workplace. Policy effective date:

Transcription

1 Working here Creating a secure workplace Health HIV/Aids: Workplace Policy effective date:

2 Table of Contents Introduction... 3 Definition of Terms.3 Aim of he Policy.. 4 Scope of the Policy 5 Key Principles... 5 The Policy EMPLOYMENT VOLUNTARY COUNSELING AND TESTING CONFIDENTIALITY AND DISCLOSURE COUNSELING CARE AND SUPPORT PREVENTION EDUCATION AND TRAINING TREATMENT, CARE AND SUPPORT... 8 Legal Framework... 9 Policy Review...9 Policy Administration..10 Useful references Gold Fields SA policy - CN HIV/Aids Page 2 of 11

3 A. Introduction HIV and AIDs are serious public health problems which have socio economic, employment and human rights implications impacting on productivity, employee benefits, occupational health and safety, production costs, workplace morale and escalating HIV-TB co-infection. It continues to affect entire communities including business leaders, managers and a great number of workers at all levels. Unlike other chronic illnesses, it involves some contentious issues such as sex, sexuality, race, religion etc. Transmission is exacerbated by disparities in resources and patterns of migration from rural to urban areas. Women are particularly more vulnerable to infection in cultures and economic circumstances where they have little control over their lives Everyone is affected by it in one way or another. It does not discriminate it knows no social, gender, age or racial boundaries, but it is accepted that socio-economic circumstances do influence disease patterns. Furthermore HIV and AIDS is still a disease surrounded by ignorance, prejudice, unfairdiscrimination and stigma. In the workplace unfair discrimination against people living with HIV and AIDS has been perpetuated through practices such as pre-employment HIV testing, dismissals for being HIV positive and the denial of employee benefits. At Gold Fields it is recognized that one of the most effective ways of reducing and managing the impact of HIV and AIDS in the workplace is through the implementation of an HIV and AIDS policy and programmes. Addressing aspects of HIV and AIDS in the workplace will enable employers, trade unions and government to actively contribute towards local, national and international efforts to prevent and control HIV/AIDS. B. Definitions of Terms Affected Persons : means persons whose lives are changed by HIV or AIDS owing to the broader impact of the pandemic AIDS : means the acquired immunodeficiency syndrome which results from advanced stages of HIV infection, and is characterized by opportunistic infections or HIV-related cancers, or both the Code : means the Code of Good Practice on HIV and AIDS and the World of Work Notice 451 Gov Gazette of 15 June 2012 Discrimination : means any distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation Gold Fields SA Group/ the Group : collectively means: (a) The Gold Fields South African mining operations namely Kloof- Driefontein Complex ( KDC ) (being a combination of the Driefontein and Kloof mines), Beatrix Gold Mine, South Deep Gold Mine; Gold Fields SA policy - CN HIV/Aids Page 3 of 11

4 (b) The service organizations namely i. Gold Fields Business Leadership Academy (Proprietary) Limited; ii. Gold Fields Health Services, a division of the Company; iii. St Helena Hospital (Proprietary) Limited, trading as Gold Fields Health Services; iv. Gold Fields Shared Services (Proprietary) Limited; and v. Gold Fields Security Limited, trading as Gold Fields Protection Services (c) (d) The South African regional office currently situated at the Libanon Business Office Park (for the time being); and The Corporate Office (i.e. Gold Fields Group Services (Proprietary) Limited) currently situated at 150 Helen Road, Sandton (for the time being) HIV : means the human immunodeficiency virus, a virus that damages the human immune system. Infection can be prevented by appropriate measures PLWH : means persons living with HIV and means persons infected with HIV Reasonable Accommodation: : means any modification or adjustment to a job or to the workplace that is reasonably practicable and enables a person living with HIV or AIDS to have access to, or participate or advance in, employment Stigma : means the social mark that, when associated with a person, usually causes marginalization or presents an obstacle to the full enjoyment of social life by the person infected of affected by HIV Vulnerability : means the unequal opportunities, social exclusion, unemployment or precarious employment, resulting from the social, cultural, political and economic factors that make a person more susceptible to HIV infection and to developing AIDS Workplace : means any place in which workers perform their activity Worker : means any persons working under any form or arrangement C. Aim of the Policy This Policy seeks to assist with the attainment of the broader goals of: Eliminating unfair discrimination in the workplace based on real or perceived HIV status; Creating a safe-working environment; Gold Fields SA policy - CN HIV/Aids Page 4 of 11

5 Create a non-discriminatory supportive environment for HIV/Aids infected workers; and Promoting appropriate and effective ways of managing HIV in the workplace. D. Scope of the Policy This Policy applies to the managers and workers of the Gold Fields South African Group including the Corporate Office. In this Policy, the term Operation(s) is used collectively to refer to the Gold Fields South African Group. E. Key Principles The guiding principles in this Policy are based on international conventions and recommendations, the Constitution of the Republic of South Africa (1996), national laws, and the Gold Fields Labour and Human Rights Policies. The principles include: 3.1 The response to HIV and AIDS should be recognized as contributing to the realization of human rights, dignity, fundamental freedoms and gender equality for all, including workers, their families and their dependants. 3.2 HIV and AIDS issues affect the workplace, posing significant obstacles to decent work and sustainable development. The workplace should be included among the essential components of the HIV response, with the active engagement of organizations of employers and workers. 3.3 Non discrimination remains a key principle for protection of the rights of individuals. There should be no discrimination against or stigmatization of workers, particularly jobseekers and job applicants, on the grounds of real or perceived HIV status. 3.4 While HIV affects both men and women, women and girls are at greater risk and more vulnerable to HIV infection and are disproportionately affected by HIV compared to men as a result of gender inequality. Women s empowerment is a key factor in the global response to HIV and AIDS. Measures should be taken in the workplace to ensure gender equality, prevent violence and harassment, protect sexual and reproductive health and rights and involve men and women workers, regardless of their sexual orientation, in the HIV response. 3.5 Real or perceived HIV status is not a valid cause for termination of employment. Persons with HIV-related illness should not be denied the possibility of continuing to carry out their work, with reasonable accommodation if necessary, for as long as they are medically fit to do so. 3.6 Prevention of all modes of HIV transmission is a fundamental priority. The workplace should facilitate access to comprehensive information and education to reduce the risk of HIV transmission and HIV-TB co-infection. 3.7 The workplace should be safe and healthy for all workers, and they should benefit from programmes to prevent specific risks of occupational transmission of HIV and related transmissible diseases, such as tuberculosis, especially in occupation most at risk. 3.8 Workers, their families and dependants should enjoy protection of their privacy, including confidentiality related to HIV and AIDS, in particular with regard to their own HIV status. Workers should not be required to undergo HIV testing or other Gold Fields SA policy - CN HIV/Aids Page 5 of 11

6 forms of screening. The results of HIV testing should be confidential and not endanger access to jobs, tenure, job security or opportunities for advancement. Workers should not be required to disclose their HIV status or that of any other person. F. The Policy Taking cognizance of the Legal Framework, the Key Principles and the Code, the following policy shall apply within the Group in relation to HIV/Aids: 1. EMPLOYMENT Pre-Employment and Continued Employment: HIV testing or other forms of screening for HIV should not be required of workers, including migrant workers, jobseekers and job applicants. The Group will not discriminate against any worker or potential worker on the basis of their HIV status alone. Employees with HIV and AIDS will not be dismissed on the basis of their HIV status alone. Workers with HIV-related illness should not be denied the opportunity of continuing to carry out their work. Discrimination on the grounds of HIV/Aids, whether direct or indirect, will be dealt with along the normal disciplinary procedures of the Group. Occupational Exposure: Certain employees, such as healthcare workers, occupational health practitioners and safety representatives may exposed to minimal risk of contracting a life threatening illness such as HIV/Aids. Accidental; transmission of HIV/Aids in the workplace may occur when either the victim of an accident or the person who respond to administer first aid has HIV. Any accident or blood spill should be considered a possible source of infection. The Group commits to provide a working environment which is safe and healthy in order to prevent transmission of HIV in the workplace. The measure to ensure such a safe and healthy environment include: universal precautions (as prescribed by the Health Professions Council of South Africa), accident and hazard prevention strategies, work practice control, personal protective equipment, environmental control measures, Post Exposure Prophylaxis (PEP) to minimize the risk of contracting HIV and TB. Employee Benefits: Employees with HIV or AIDS may not be unfairly discriminated against in the allocation of employee benefits. Where the Group offers a medical benefit, it shall ensure that such benefit does not unfairly discriminate, directly or indirectly, against any person on the basis of their HIV status. Employees which HIVB/Aids may not be unfairly discriminated based on real or perceived HIV status in access to occupational insurance schemes, or in relation to benefits under such schemes, including for health care and disability, death and survivors benefits. Dismissal: Where an employee has become too ill to perform their current work, the Group will follow in accordance with the LRA investigate the extent of incapacity, alternative to dismissal and follow a fair procedure in effecting the dismissal. This is the practice followed for all employees irrespective of nature of illness. 2. VOLUNTARY COUNSELING AND TESTING Each Operation will promote and encourage counseling and HIV testing. A worker has a right to testing which must be genuinely voluntary and free of any coercion and testing Gold Fields SA policy - CN HIV/Aids Page 6 of 11

7 programmes which respect national guidelines on confidentiality, counseling and consent. Employees are encourages to undergo Voluntary Counselling and Testing (VCT) at the Group s healthcare facilities (i.e. primary healthcare clinics and hospital) and occupational health centres. Furthermore, the Group has designated VCT days at various sites within the Group s premises. This affords workers an opportunity to test for HIV in a safe and confidential setting which is convenient to their place of work. The cost of VCT at any of the sites or the Group s healthcare facilities is provided to workers free-of-charge. An employee is not comfortable with free onsite testing, can do this off site at the provider of their choice which might be free in the public health system and at their cost in private facilities. 3. CONFIDENTIALITY AND DISCLOSURE The Group recognizes that a worker has a right to disclose or not to disclose their HIV status. Any information regarding a worker s HIV status will be kept confidential and not endanger access to jobs, tenure, job security, promotions or opportunities for advancement. The Group has established support structures such as the Employee Care Centre, Employee Assistance Programme (EAP), and Occupational Health Centres wherein employees can feel safe to disclose their HIV status. 4. COUNSELING CARE AND SUPPORT The Group has established support structures for all workers such as the Employee Care Centre, Employee Assistance Programme (EAP) to provide on-going support and counseling to infected workers. 5. PREVENTION In order to promote a safe working environment, the Group has developed HIV/Aids prevention strategies which also take into account gender, cultural, social and economic concerns. These measures include Health Promotion teams, posters at various sites. These strategies seek to ensure that: (a) Comprehensive education programmes to help women and men understand and reduce the risk of all modes of HIV transmission, including mother-to-child transmission, and understand the importance of changing risk behaviours related to infection; (b) Encourage workers to know their own HIV status through voluntary counseling and testing; (c) Access to all means of prevention, including but not limited to guaranteeing the availability of necessary supplies, in particular male and female condoms and where appropriate information about correct use and the availability of post-exposure prophylaxis; and (d) Effective measures to reduce high-risk behaviours, including for the most at-risk groups with a view to decreasing the incidence of HIV. Gold Fields SA policy - CN HIV/Aids Page 7 of 11

8 The Group makes condoms available to all workers free-of-charge. 6. EDUCATION AND TRAINING The Group commits to provide on-going training and education programmes to workers in order to prevent HIV/Aids infection as well as managing HIV/Aids in the workplace by employing the following measures: a) Audiovisual at Occupational and Primary Health centers b) Bill Boards at the operations c) Using Health Calendars d) Ex-Leave and on induction e) Campaigns The Group further commits to ensuring that its education and training programmes are: a) Culturally and gender sensitive; b) Appropriate regarding HIV infection control procedures in the context of workplace accidents and first aid. Workers whose occupations put them at risk of exposure to human blood, blood products and other body fluids should receive additional training in exposure prevention, exposure registration procedures and post-exposure prophylaxis. c) Inclusive of workers and organized labour. 7. TREATMENT, CARE AND SUPPORT The Group offers the following support: a) Voluntary counseling and testing b) Antiretroviral treatment and adherence education, information and support c) Proper nutrition consistent with treatment d) Treatment for opportunistic infections and sexually transmitted infections, and any HIV-related illnesses, in particular tuberculosis. e) Support and prevention programmes for persons living with HIV, including psychosocial support. The Group also treats illnesses such as TB (tuberculosis) and sexually transmitted diseases as these also weaken the immune system. The Group ensures that employees living with HIV benefit from access to health care. Furthermore, the Group has a treatment programme known as HAART, through which access to anti-retroviral treatment (ARTs) is provided to workers who are test positive for HIV; and have a CD4 count of less than 500. Whilst the Group provides support structures for a worker to accept and understand their HIV status and encourages workers to be part of its HAART programme, participation by a worker in this programme is voluntary, without coercion and is free of charge Gold Fields SA policy - CN HIV/Aids Page 8 of 11

9 G. Legal Framework People living with HIV/Aids may not be discriminated against in the workplace. They are protected by section 9 of the Constitution which guarantees everyone a right to equality and freedom from unfair discrimination. In addition, the Constitution gives every employee a right to a fair labour practice. This Policy should be read in conjunction with the Constitution of South Africa Act, No. 108 of 1996, and all relevant Legislation as amended, which include: 1. Employment Equity Act, No. 55 of 1998: i. No person may be unfairly discriminated against on the basis of their HIV status; ii. No person may unfairly discriminate against an employee, or an applicant for employment, in any employment policy or practice, on the basis of his or her HIV status; iii. No employee, or applicant for employment, may be required by their employer to undergo an HIV test in order to ascertain their HIV status. 2. Labour Relations Act, No. 66 of 1995: i. An employee with HIV or AIDS may not be dismissed because he or she is HIV positive or has AIDS. 3. Occupational Health and Safety Act, No. 85 of 1993: i. An employer is obliged to provide, as far as is reasonably practicable, a safe workplace. 4. Mine Health and Safety Act, No. 29 of 1996: i. An employer is required to create, as far as is reasonably practicable, a safe workplace. 5. Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993: i. An employee who is infected with HIV as a result of an occupational exposure to infected blood or bodily fluids may apply for benefits 6. Basic Conditions of Employment Act, No. 75 of 1997: i. Every employer is obliged to ensure that all employees receive certain basic standards of employment, including the minimum number of sick leave days 7. Medical Schemes Act, No. 131 of 1998: i. A registered medical aid scheme may not unfairly discriminate directly or indirectly against its members on the basis of their "state of health". Further in terms of s 67(1) (9) regulations may be drafted stipulating that all schemes must offer a minimum level of benefits to their members 8. Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000 H. Policy Review HIV/Aids is not static; consequently this Policy will be reviewed from time to time, in order to a) Evaluate its effectiveness; and b) Keep abreast with latest developments and national and internal standards; This Policy will also be subjected to regular audits. Gold Fields SA policy - CN HIV/Aids Page 9 of 11

10 Useful references LEGISLATION: 1. Employment Equity Act, No. 55 of Labour Relations Act, No. 66 of Occupational Health and Safety Act, No. 85 of Mine Health and Safety Act, No. 29 of Compensation for Occupational Injuries and Diseases Act, No. 130 of Basic Conditions of Employment Act, No. 75 of Medical Schemes Act, No. 131 of Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of Unemployment Insurance Act, No. 32 of 2003; and 10. National Health Act, No 61 of The Code of Good Practice on HIV and AIDS and the World of Work Notice 451 Gov Gazette of 15 June 2012 EMPLOYEE WELLBEING PROGRAMME (EWP) Free, confidential counselling for Gold Fields employees Toll-Free: (normal rates apply if calling from a cell phone) SMS: (and you will be called back within 24 hours) For more information: OTHER POLICIES Wellbeing policy Work-related health risks policy Gold Fields Labour and Human Rights Policies BOOKS Van Dyk, A. HIV/Aids care and counselling: A multidisciplinary approach. (3 rd edition) Pearson, Cape Town, WEBSITES Latest news on HIV/Aids, fast facts (an HIV information kit) and feature stories. Answers to questions, and links to lots of useful information, including this: The AIDS Helpline number is HIV911 is an organisation that has a comprehensive directory of HIV services in South Africa. Their number is If you are depressed and need to talk to someone, LifeLine's number is Stop women abuse: Toll-free Number: Gold Fields SA policy - CN HIV/Aids Page 10 of 11

11 Gold Fields SA policy - CN HIV/Aids Page 11 of 11