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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

9. Management of HIV and AIDS in the Workplace


9.1 Assess the impact of HIV and AIDS in the Workplace


Employers, trade unions and employees must develop and effectively implement integrated gender sensitive strategies to respond to the impact of HIV and AIDS, including TB and STIs, in the workplace. This must be done as far as possible in cooperation with national, provincial, local and sectoral initiatives, including:

(a) Impact assessment that includes risk profiling, resource implications, environmental assessment, vulnerability and susceptibility to HIV infection, and
(b) The development and implementation of HIV and AIDS workplace policies and programmes that are free from unfair discrimination and promote human rights.


9.2 Developing HIV and AIDS Workplace


Programmes in developing and implementing long and short term measures to deal with and reduce this impact, the following must be taken into account:

(a) Compliance with legal obligations;
(b) Management commitment;
(c) Consultation with relevant stakeholders;
(d) Development and effective implementation of HIV and AIDS and TB Workplace Policies, Prevention and Wellness Programmes;
(e) Resources, including human, financial and operational resources must be allocated for the effective development and implementation of policies and programmes;
(f) Policies and programmes must be informed by the outcomes of research and evidence; and
(g) Monitoring and Evaluation of HIV and AIDS policies and programmes must be put in place.


9.3 Education, Training and Information


All social partners have the responsibility to promote education, training and information about HIV and AIDS in the world of work.


9.3.1 Training, safety instructions and any necessary guidance in the workplace related to HIV and AIDS must be provided in a clear and accessible form for all workers.


9.3.2 Training, instructions and guidance must be sensitive to gender and cultural concerns and adapted to the characteristics of the workforce, taking into account the risk factors for the workforce.


9.3.3 Up to date scientific and socio-economic information and, where appropriate, education and training on HIV and AIDS must be available to employers and workers' representatives, in order to assist such employers and workers' representatives to make informed decisions and take appropriate measures in the workplace.


9.3.4 Workers including the most vulnerable must receive awareness raising information and appropriate training on HIV infection control procedures in the context of workplace accidents and first aid. All Workers, including those whose jobs put them at risk of exposure to human blood, blood products and other body fluids must receive additional training in exposure prevention, exposure registration procedures and post-exposure prophylaxis.


9.3.5 Workers and their representatives must be informed and consulted on measures taken to implement workplace policies and programmes related to HIV and AIDS, TB and other related illnesses.