PSA UNION WORKERS WALKINGTHE TALK, HIV/AIDS &WELLNESS INFORNATIONSHARING WORKSHOPSPECIFIC LEGISLATION ADDRESSINGHIV IN THE WORKPLACE23-24 APRIL 2013MIRRIAM GURAJENA
INTRODUCTIONHIV infections occur anywhere, even in workplaces.Infection are high in the productive age group, theworkers.HIV causes ill health at times.Ill health can negatively affect productivity andquality of life.A person infected with HIV can live a productivelong life with support.
WHY HIV LEGISLATIONKnowledge of laws that address HIV/AIDS in theworkplace informs the worker on:• HIV related programs in the workplace.• Worker’s personal responsibility towardstheir on wellness.• Employer responsibility towards workerwelfare.• Conditions of service and worker andworkplace rights.
OBJECTIVESBy the end of this session participants should beable to:• facilitate discussion on HIV related workplacelegislation in Zimbabwe.• promote worker wellness even at a personallevel.
HIV RELATED LEGISLATION INZIMBABWEStatutory Instrument (S.I.) 202 of 1998 Labourrelations (HIV/AIDS) regulation 1998.S.I. 68 of 1990Criminal Law (codification and reform) ActChapter 9:23
Statutory Instrument (SI) 202 of 1998Labour relations (HIV/AIDS)regulation 1998Responsibilities 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 providesHIV counselling services.All education to be provided by a healthprofessional following prescribed guidelines.
S.I. 202 of 19198 cont…• Is responsible for educating employees duringworking hours.• Promotion of safe sex and reduction of sexuallytransmitted infections (STIs).HIV testing not to be a precondition foremployment.Medical testing for fitness can be done but it is notnecessary to disclose to the employer. Disclosurecan only be done with the worker’s consent.
JOB STATUS AND TRAININGNo employer shall terminate employment onthe 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 foremployer benefits.• HIV status only affects as in all other illnesses.• If testing necessary, employer shall make surethat the employee undergoes pre and posttest HIV counselling.• No inferences shall be drawn if employeerefuses compulsory HIV testing.
ELIGIBILITY FOR EMPLOYER BENEFITScont…Unless testing is related to occupational benefitsfrom the employer, it is not necessary for theemployer to know the test results.
LEAVE• Sick leave is as for anyone else.• If person is employed in an occupation wherethere may be a risk of transmitting oracquiring HIV the employer shall provideappropriate training together with clearaccurate information and guidelines onminimizing hazards of the spread of HIV.• Working conditions shall be designed toprevent spread of HIV.
LEAVE cont…• Personal protective devices shall be issuedfree of charge by the employer.• Employer shall review forefficacy, equipment, devices, procedures andguidelines
INFORMATIONAn employer shall provide every employee witha copy of these regulations.Contravening these regulations is an offence.
L.R. (General amendment)regulations,2008 (2)CONDITIONS OFEMPLOYMENTPROVIDED FOR/NOT PROVIDEDFORCOMMENTS BYLABOUR OFFICER/INSPECTOR &ACTION TAKENi) Accessibility ofS.I.202 of 1998ii) Any HIV/AIDSa) Sector policy inplace.b) Workplace.iii) Any HIV/AIDScommittee/coordinator.iv) Education andawareness ofemployees
S.I. 68 of 1990THIRD SCHEDULE (SECTION15 (5))DUTIES OF THE EMPLOYER(paraphrased)a) Provide equipment, materials, and protectivedevices for their business.b) Maintain above in good working order.c) Ensure health and safety measures are carriedout in the workplace.d) Equipment, materials provided are used asprescribed.
DUTIES OF EMPLOYER CONT…e) Establish occupational health services forworkers and maintain to standard.f) Where prescribed, workers who are certifiedto work in given areas.g) Workers are provided with writteninstructions in a language they understandon measures and procedures to be taken forprotection against risks to health and safety.
DUTIES OF EMPLOYER cont…h) Health and safety programs to be carried outduring time for work.i) Regularly updates and writes policy.j) Supports establishment of health and safetycommittee, and support the committee’swork.k) Ensures there is a supervisor or health andsafety representative who shall ensure healthand safety of the workers.
DUTIES OF HEALTH AND SAFETYREPRESENTATIVEa) Ensures health and safety of the workers.b) Ensures proper usage ofequipment, protective devices or clothingprovided by the employer.c) Reports and investigates accidents oridentifies potential hazards which may affecthealth and safety of workers and advises onthe same.
DUTIES OF HEALTH AND SAFETYREPRESENTATIVE cont…d) Where prescribed, is provided withinstructions in writing of any other measuresor procedures to be taken for hisprotection, and takes the precautions.
ROLE OF HEALTH AND SAFETYCOMMITTEEa) Promote workplace health and safetyawarenessb) Respond to workers health and safetyconcerns.c) Help solve occupational health and safetyproblems.d) Participate in hazard awareness campaigns.e) Promote worker attendance at training andorientation sessions
ROLE OF HEALTH AND SAFETYCOMMITTEE cont…f) Review safe work practices.g) Help select tools, equipment and personalprotective equipment.h) Participate in workplace inspection toidentify hazards.i) Review accidents and illness reports toidentify their cause and prevent theiroccurrence.
ROLE OF HEALTH AND SAFETYCOMMITTEE cont…j) Develop safety policies and procedures.k) Establish links with other committees.
DUTIES OF THE WORKERa) Reports to employer or representativedefects in equipment, devices and observedhazards.b) Have prescribed medical examinations at theexpense of the employer.c) Comply with prescribed protective measures.d) Use or wear the equipment, protectiveclothes provided by the employer.
DUTIES OF THE WORKER cont…e) Not to expose self to danger.f) Not to remove workplace protective devicesor clothing for purposes not connected withprotection of the worker at work.
CRIMINAL LAW (Codification andreform) Act Chapter 9:23a) Deliberate infection of another with asexually transmitted disease is an offence.b) Deliberate transmission of HIV is an offence.
AN INFORMED WORKERIS AN EMPOWEREDPERSONTHANK YOU