Medunsa HIV/Aids Policy
(draft)
The Medunsa Aids Action Committee is in the process of finalizing
this Policy. Please send any comments or suggestions to Matsontso
Mathebula at matsontsomat@hotmail.com.
Download this document in MS Word format. Table of Contents:
Draft HIV policy: Medunsa
This document is constructed from consultations of different sources
and policies. Much of it is an attempt to adapt it to fit the Medunsa
scenario and its specific provisions. It has however been important
to maintain principles unchanged where these apply.
The document is also written in such a way that it guides management
and staff on action necessary and decision most appropriate in relation
to both HIV/AIDS and other chronic illnesses. HIV infection is classified
as a chronic illness because in the end, the impact it makes in the
workplace has an outcome similar to a debilitating chronic illness.
You are invited to COMMENT AS EXTENSIVELY AS POSSIBLE. Your comments
shall be integrated into a common document. Should there be issues
that are irreconcilable, an indaba shall be called to discuss these
matters of common concern and a consensus sought. Other heading that
should be added should be included and motivated for accordingly.
Process
The generation of this
policy document shall follow the following process:
- Identification of need for policy document by Medunsa Aids Action
Committee
- Constitution of HIV policy working group
- Drafting of FIRST DRAFT
of policy for comment by working group
- Circulation of FIRST DRAFT
to university community and comment. The expectation is that
unions and student groups
will give a
stakeholder comment on the document after consultation.
This is important for
those members whose literacy levels are not high and
may need interpretation. Final translation may be done if so
proposed
and approved.
- Drafting of SECOND DRAFT by working group
- Circulation of SECOND
DRAFT to university community for comment
- FINALISATION OF DRAFT
and presentation to management for final comment
- Calling of INDABA
should there be need
- FINAL DOCUMENT production and printing
Mission statement
Quote: Remember the pledge Preamble
Medunsa recognises that HIV/AIDS is not only a health issue and
thus:
- acknowledges the seriousness of the HIV/AIDS epidemic;
- seeks to
minimise the social, economic and developmental consequences
to the University and its staff/students;
- and commits itself to
providing resources and leadership to implement an HIV/AIDS and
STD management programme;
- commits itself to preventing the further
spread of HIV/AIDS through preventive programmes within the institution
- this
will include the integration of HIV/AIDS in training, research
and service;
- ensure that all students at Medunsa will leave with
a knowledge of management of health problems related to HIV/AIDS
before graduation.
Management statement on HIV/AIDS
Medunsa,
asan institution of health and higher education learning and training,
we shall endeavour to promote and protect the health
of our employees and students in addition to contributing to the
health and welfare of the South African community. To do this we
will:
- maintaining a work environment that responds to the workplace
issues created by AIDS and HIV infection;
- respond to the concerns
of employees who may request management assistance;
and
- recognise that a supportive and caring response is an
important factor in maintaining the quality of life for an employee
who has
HIV or AIDS.
Managers should be sensitive to the special needs of employees
and assist them by demonstrating personal support, referring
them to counselling services and arranging for benefits counselling, as
necessary.
Medunsa recognises that AIDS is a life-threatening illness
that
is
not transmitted through casual personal contact under
normal working conditions. Co-workers are expected to continue
working relationships
with employees with HIV or AIDS. An employee's health condition is private and confidential. An employee
with AIDS or HIV infection is under no obligation to disclose his/her
condition to a manager or any other employee. Managers are expected
to take careful precautions to protect the confidentiality of information
regarding any employees in general and where it relates to HIV infection
in particular.
An employee with AIDS or HIV infection is expected to meet the same
performance requirements that apply to other employees, with reasonable
accommodation, if necessary. Should this not be possible, consideration
for normal ill-health regulations shall apply. Does this open it
up to discrimination??
Principles and Values
Striving to be a caring community, and noting that HIV infection
can affect anyone, Medunsa’s HIV/AIDS policy shall be driven
by the following principles and values:
- Medunsa’s employment practices shall be based on the scientific
and epidemiological basis that people with AIDS or HIV infection
do not pose risk of transmission of the virus to co-workers
through ordinary workplace contact
- No one shall be barred from studying
or working in Medunsa because of his or her HIV status
- Each employee
or student living with HIV/AIDS shall have the same rights and
responsibilities as all other members of the Medunsa
community
- The responsibility to militate against the impact and spread
of the epidemic shall be vested in all members of the Medunsa
community
- Pre-admission or pre-employment HIV testing shall not
be done except in cases where it is mandatory due to the nature
of the work
involved and even then it shall be done with the consent of the individual
concerned and pre and post test counselling shall be
made available
- The individual’s right to confidentiality shall be recognised
and upheld at all times.
Legal aspects
The laws of the country protect employees against discrimination
and unfair treatment as a result of their disability or HIV status.
It is on the strength and support of these laws that Medunsa takes
the position of non-discriminatory workplace practices and proactive
prevention programmes in the fight against HIV infection and AIDS.
Four such laws apply in particular as follows:
1. Constitution
The constitution gives all employees the right to "fair labour
practices". Furthermore, the equality clause states
that everyone is entitled to equality and freedom from unfair
discrimination.
2. Occupational Health and Safety Act
This Act requires employers, as far as it is reasonably practicable,
to create a safe working environment. In an HIV/AIDS context,
this can be interpreted to mean that employers must ensure
that universal
precautions are used when responding to an occupational
accident.
3. Basic Conditions of Employment Act
This Act sets out the minimum employment standards to which
every employee is entitled. It therefore sets out, amongst
others,
maximum working hours and the minimum number of days
of sick leave every
employee is entitled to.
4. Labour Relations Act (LRA)
The LRA regulates the relationship between employers
and employees. It prohibits unfair discrimination and
protects
employees against
arbitrary dismissals. In outlawing discrimination the
LRA states that it is an unfair labour practice if
an employer
unfairly
discriminates against an employee on a number of grounds,
if they act unfairly
in promoting, demoting, providing training opportunities
or supplying benefits to the employee, if discipline
is arbitrary or if they
fail or refuse to reinstate or re-employ in terms of
an agreement.
Programmatic expression of the policy
This
section discusses issues of prevention, treatment, care and support
in three headings for convenience: rights, provisions and
responsibilities. The University shall appoint an institutional
HIV/AIDS officer supported by a committee to coordinate the activities
involved in monitoring and evaluating HIV work on campus
- Prevention
- Rights
- staff have the right to know of the possibilities
of occupational exposure
- no student or employee shall be
required to undergo HIV testing pre-employment/admission
- trustees and managers of a retirement
fund shall not disclosed the identity of a person living with HIV
unless
with the written
permission of the affected individual
- Provisions
- everyone is entitled to confidentiality regarding
his or her HIV status and Medunsa does
not have the right to
know it
- should the status be know it shall
not be used as criterion or influence decisions made
on the individual’s
employability, promotion or dismissal.
- should a person’s
HIV status be know, it shall be treated with maximal
confidentiality by all levels of management
- every person on Medunsa grounds
(infected or not infected) shall be treated with
dignity and respect
- employees irrespective of their
infection status shall be entitled to and enjoy the
same previledges
- students irrespective of infection
status shall have access to the same quality of training
- Medunsa shall make available on its premises
voluntary counselling and testing
facilities for members of the
Medunsa community
- the University shall
make available opportunities for people to learn
about HIV/AIDS on a regular
basis
- Responsibilities
- infected people within
the Medunsa community shall take all reasonable steps
to prevent the spread of the
infection
- infected persons shall be expected to notify
other members of the risk of infection if engaging in
activities that increase
risk of exposure during occupation
- people living with HIV
shall be expected to make reasonable arrangements for
their work to be done during
periods of prolonged
absence due to illness
- health professionals and students
have the obligation to choose career paths that will
minimise the risk of
infection to
their patients
- it shall be the responsibility of individuals
to know their status and to take preventive precautions
under all circumstances.
- Treatment
- Rights
- the university shall provide a working/learning
environment that has minimal exposure to risk of transmission
- all
members of staff shall belong to a recognised medical
aid scheme unless if specific provision is made in terms
of the
individual’s
employment contract
- the university shall provide post exposure
prophylaxis (PEP) to students/staff where exposure
is likely to occur
- Provisions
- sick leave shall be provided for according
to the rules and regulations governing chronic illnesses
currently in
use.
- Medusa recognises that it would be proper if people
living with HIV had
equal access to medical aid and other insurance
cover but acknowledges that these are governed by rules
outside its
ambit to control
- Medunsa shall provide either a campus
health clinic or an occupational health clinic or both
for the care of
members
of both
student and
staff who may present with illnesses at work
- both
clinics have access to a public facility referral system
where help that is more advanced
than is provided
at the clinics
can be received
- staff at both clinics shall be trained
in the management and counselling of HIV/AIDS patients
- Responsibilities
- people living with HIV shall
be encouraged to practice early health seeking behaviour
in order to
promote healthy
living
- people living with HIV/AIDS have a
special obligation to comply with management plans
prescribed by their
physicians and
care givers
- Care and support
- Rights
- HIV status shall not be reflected
in any personnel/student file except with the individual’s
written consent
- Unless medically indicated or otherwise
dictated to by the nature of the job, HIV/AIDS is not
a reason to terminate
a student’s
registration or employee’s employment contract
- Provisions
- Medunsa endeavours to provide a working/learning
environment free of prejudice and discrimination where
people living with HIV are accepted
- wilfully undermining the privacy and
dignity of a person
living with HIV shall constitute a breach of
confidentiality and appropriate
disciplinary measures shall be taken according
to the disciplinary procedures of the University
- networks with other service
providers will be developed and maintained
- leave necessary to
care for a family member afflicted with HIV/AIDS shall
be dealt with as per the provisions
of leave of
absence regulations as for the care of any
chronically ill family member
- inclusion of any person or staff
that are not covered by Medunsa’s
provision for people with occupational
exposure risk shall be negotiated for or provided for
appropriately
and accordingly
- Responsibilities
- unless medically supported HIV/AIDS
should not be used as an excuse not to do work, perform
tasks
or do assignments
- students shall be encouraged
to adopt their own response to HIV/AIDS in line with
the overall University
response
and will be
supported by the University.
- peer counselling
programmes shall be encouraged on campus
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