1. PSA UNION WORKERS WALKING
THE TALK, HIV/AIDS &
WELLNESS INFORNATION
SHARING WORKSHOP
SPECIFIC LEGISLATION ADDRESSING
HIV IN THE WORKPLACE
23-24 APRIL 2013
MIRRIAM GURAJENA

2. 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.

3. 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.

4. 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.

5. 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

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. LEAVE cont…
• Personal protective devices shall be issued
free of charge by the employer.
• Employer shall review for
efficacy, equipment, devices, procedures and
guidelines

13. INFORMATION
An employer shall provide every employee with
a copy of these regulations.
Contravening these regulations is an offence.

14. 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/AIDS
a) Sector policy in
place.
b) Workplace.
iii) Any HIV/AIDS
committee/coordin
ator.
iv) Education and
awareness of
employees

15. 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

16. S.I. 68 of 1990
THIRD 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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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

22. 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.

23. ROLE OF HEALTH AND SAFETY
COMMITTEE cont…
j) Develop safety policies and procedures.
k) Establish links with other committees.

24. 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.

25. 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.

26. 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.

27. AN INFORMED WORKER
IS AN EMPOWERED
PERSON
THANK YOU