Regulations tabled to protect employees against HIV/AIDS discrimination

MINISTER of Labour, Dr. Nanda Kishore Gopaul, yesterday, tabled, in Parliament, the regulations made under the Occupational Health and Safety (HIV and AIDS) Act.They give teeth to the law that ensures greater protection of employees affected by Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS).

The several provisions range from the rights of employees to secure employment, regardless of their HIV status to their ability to be included in health benefit schemes of the place they are employed.
Stipulated in the regulations are the provisions that:

* no employer shall require, whether directly or indirectly, any person to undergo any form of testing for HIV, as a precondition to the offer of employment;
* neither shall they make it compulsory for employees nor employer, except with the knowledge and written consent of the employee, to disclose any information regarding his or her HIV status or any medical examination;
* no employer shall terminate the services of any employee on the grounds of an employee’s HIV status or perceived HIV status and
* no employee shall suffer prejudice based on his or her HIV status or perceived status in relation to promotion, transfer, training and development opportunities, remuneration and working relations and other terms of employment.

Not affect
The regulations also made it clear that the HIV status of an employee must not affect his or her eligibility for any occupational or other benefit schemes provided for employees
The document added that: “Every workplace, at which more than five workers are regularly employed, shall have a written policy on HIV and AIDS that is developed by the employer in consultation with employees and including, where they exist, union representatives and such policy shall be in consonance with the National HIV and AIDS Workplace Policy.”
It states, too, that every employer shall provide for the benefits of every person employed, at such place and time during normal working hours, education and information relating to the promotion of safe sex and risk reducing measures in relation to sexually transmitted disease, the acquiring and transmission of HIV, the prevention and spread of HIV and AIDS, counseling facilities on HIV and AIDS, confidentiality referral to supportive services for employees and their dependants affected by HIV and AIDS, as well as social support services to help employees effectively manage their health needs in HIV and AIDS.
Contravention of the regulations amounts to an offence and the offender is liable, on summary conviction, to a fine not exceeding $50,000.

(By Vanessa Narine)