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Employment Equity Act, 1998 (Act No. 55 of 1998)

Code of Good Practice

Key Aspects of HIV/Aids and Employment

8. Promoting a Safe Workplace


1) An employer is obliged to provide and maintain, as far as is reasonably practicable, a workplace that is safe and without risk to the health of its employees.


2) The risk of HIV transmission in the workplace is minimal. However occupational accidents involving bodily fluids may occur, particularly in the health care professions. Every workplace should ensure that it complies with the provisions of the Occupational Health and Safety Act, including the Regulations on Hazardous Biological Agents, and the Mine Health and Safety Act, and that its policy deals with, amongst others:
i) the risk, if any, of occupational transmission within the particular workplace;
ii) appropriate training, awareness, education on the use of universal infection control measures so as to identify, deal with and reduce the risk of HIV transmission in the workplace;
iii) providing appropriate equipment and materials to protect employees from the risk of exposure to HIV;
iv) the steps that must be taken following an occupational accident including the appropriate management of occupational exposure to HIV and other blood borne pathogens, including access to post-exposure prophylaxis;
v) the procedures to be followed in applying for compensation for occupational infection;
vi) the reporting of all occupational accidents; and
vii) adequate monitoring of occupational exposure to HIV to ensure that the requirements of possible compensation claims are being met.