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

Code of Good Practice

HIV and Aids and the World of Work

1. Definitions


In this Code, unless the context indicates otherwise:


"Affected Persons"

means persons whose lives are changed by HIV and AIDS owing to the broader impact of the pandemic;



means Acquired Immunodeficiency Syndrome which results from advanced stages of HIV infection and is characterized by opportunistic infections or HIV-related cancers, or both;



means the Commission for Conciliation, Mediation and Arbitration;



means the right of every person, worker, job applicant, jobseekers, interns, apprentices, volunteers and laid-off and suspended workers to have their information, including medical records and HIV status kept private;



means a confidential interactive session between a professional and a client aimed to explore and identify the risks of the client to HIV and AIDS;



means Employee Assistance Programme offered by many employers which is intended to help workers deal with personal problems that might adversely impact their work performance, health, and well-being;


"the Act"

means the Employment Equity Act, 1998 (Act No. 55 of 1998);



means the Human Immunodeficiency Virus, a virus that weakens the human immune system;


"Informed consent''

means a process of obtaining consent from a patient/worker to ensure that the person fully understands the nature, implications and future consequences of the HIV test before such person consents to take the test;



means persons living with HIV;


"Post Exposure Prophylaxis"

means antiretroviral, including medicines that are taken after exposure or possible exposure to HIV. The exposure may be occupational, as in a needle stick injury, or nonoccupational, as in unprotected sex with a person with HIV infection. The latter is sometimes referred to as Non Occupational-Post Exposure Prophylaxis;


"Reasonable Accommodation"

means any modification or adjustment to a job or to the working environment that enables a person living with HIV and AIDS to have access to or participate or advance in employment;



means Sexually Transmitted Infections which are spread by the transfer of organism from person to person during sexual contact e.g. syphilis;



means the social mark which, when associated with a person, usually causes marginalisation or presents an obstacle to the full enjoyment of social life by the person living with or affected by HIV and AIDS;



means tuberculosis which is an infectious disease characterised by the growth of nodules (tubercles) in the tissues, especially the lungs. Tuberculosis is more common in persons with immune system problems such as HIV and AIDS;


"Unfair Discrimination"

means any distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;



means Voluntary Counseling and Testing, which provides the opportunity for the client to confidentially explore and understand his or her HIV risks and to learn his or her HIV status with the support of a counselor;



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;



means any person working under any form or arrangement;



means any place where workers work;


"World of Work"

means a working environment in which persons are in some way or another associated

with and also includes persons as reflected in Clause 4 of this Code.