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Public Service Act, 1994 (Act No. 103 of 1994)


Public Service Regulations, 2016

Chapter 4 : Employment Matters

Part 3 : Working environment

55. HIV and AIDS and other diseases


(1) A head of department shall, as far as it is reasonable, ensure that the management of HIV and AIDS is mainstreamed for employees and the public to access appropriate services in line with the department's mandate and manage other diseases, injuries, and conditions of employees to ensure efficient, effective and sustainable delivery of services.


(2) In respect of occupational exposure, a head of department shall—
(a) identify units or employees within the department that, due to the nature of their work, are at high risk of contracting HIV or any other diseases and take reasonable steps to reduce the risk of occupational exposure to HIV or any other disease;
(b) take all reasonable steps to—
(i) facilitate timely access to voluntary counselling and testing of an employee who has been exposed to HIV as a result of his or her employment;
(ii) prevent HIV or any other diseases in the workplace;
(iii) provide access to HIV treatment and sustained health and wellness for employees; and
(iv) provide post-exposure prophylaxis in line with prevailing guidelines and protocols for employees who have been exposed as a result of an occupational incident;
(c) if any testing taken in paragraph(b)(i) indicates that an employee has become HIV-positive as a result of the occupational incident, ensure that the employee is assisted to apply for compensation in terms of the Compensation for Occupational Injuries and Diseases Act, 1993 (Act No. 130 of 1993).


(3) In respect of non-discrimination, a head of department shall—
(a) ensure that no employee or prospective employee is unfairly discriminated against on the basis of his or her HIV or health status, or perceived HIV or health status, in any employment policy or practice; and
(b) take appropriate measures to actively promote non-discrimination and all forms of stigmatisation in the workplace and to protect employees living with HIV or other diseases from such discrimination and stigmatisation.


(4) In respect of HIV testing and TB Screening, a head of department shall—
(a) take reasonable steps to facilitate development and implementation of regular, free, voluntary, and confidential HIV counselling and testing for employees in the department;
(b) take all reasonable steps to facilitate TB screening as well as support to complete treatment for eligible employees; and
(c) ensure that no employee or prospective employee of the department is compelled to take a HIV test unless the Labour Court has declared such testing as justifiable in terms of the Employment Equity Act.


(5) In respect of confidentiality and disclosure, all employees shall treat information on an employee's HIV status or any other medical disease or condition as confidential and shall not disclose that information to any other person without the employee's written consent.


(6) In respect of a health promotion programme, a head of department shall—
(a) introduce appropriate education, awareness and prevention programmes on HIV and AIDS or any other diseases for the employees in the department and, as far as possible, integrate those programmes with programmes that promote the health, productivity and well-being of employees;
(b) create mechanisms within the workplace to encourage openness, acceptance, care and support for employees with HIV or any other diseases through a comprehensive employee health and wellness programme or health promotion programme for the department;
(c) allocate adequate human and financial resources to implement the provisions of this regulation, and, where appropriate, form partnerships with other departments, organisations and individuals who are able to assist with health promotion programmes;
(d) establish a HIV and AIDS and employee health and wellness committee for the department with adequate representation and support from all relevant stakeholders, including trade union representatives, to facilitate the effectiveness of the provisions of this regulation; and
(e) ensure that the health promotion programme includes an effective internal communication strategy.