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New official AIDS code allows testing - with full consent
by S'thembiso Msomi
2000-12-07

Government's long-awaited code of practice on HIV/AIDS in the workplace has virtually outlawed testing and will compel employers to adopt concrete anti-discrimination policies. Published in the Government Gazette on Friday, the new code allows companies to ask the Labour Court to authorise tests only when the employee has given his or her consent.

Government's long-awaited code of practice on HIV/AIDS in the workplace has virtually outlawed testing and will compel employers to adopt concrete anti-discrimination policies.

Published in the Government Gazette on Friday, the new code allows companies to ask the Labour Court to authorise tests only when the employee has given his or her consent.

Informed consent means that the individual has been provided with information, understands it and, based on this, has agreed to undertake the test, the code explains. It implies that the individual understands what the test is, why it is necessary, the benefits, risks, alternatives and any possible social implications of the outcome.

The Chamber of Mines, whose industry has been severely affected by the epidemic, previously proposed that limited testing be allowed. It argued that it was in the interests of miners, who are more exposed to TB, to be tested for HIV so that they could be treated properly.

In terms of the code, agreed to by parties to the National Economic, Development and Labour Council (Nedlac), employers and trade unionists will now be expected to develop integrated strategies to eradicate HIV/AIDS discrimination in their workplaces and support those already living with the disease.

The code applies to all employer-employee relationships, including those in the informal sector. 

Although not legally binding, labour experts believe that the courts will take the code into consideration when dealing with claims of unfair discrimination based on an employee's HIV status.

The code also obliges an employer to protect workers from the disease. The risk of HIV transmission in the workplace is minimal but occupational accidents involving bodily fluids may occur, particularly in the healthcare professions. Every workplace should ensure that it complies with the provisions of the Occupational Health and Safety Act, says the code.

Friday's publication is the product of months of negotiation between government, labour and employers.

According to a study conducted by the SA Institute of Race Relations, 25% of SA's workforce will be HIV-positive by 2005 and some 10-million people will have died of the disease by 2015. Another survey, conducted by ING Barings, predicts that SA's GDP will decline by an annual 0.4% between 2006 and 2010 as a direct result of HIV/AIDS.

The Economist this week reported that AIDS will cost the country R167-billion of lost GDP by 2010. 

The labour department has previously warned that the epidemic will affect every workplace as prolonged staff illness, absenteeism and death hit productivity. 

By formulating a code of practice on HIV/AIDS and work, government and its social partners are trying to minimise the impact of the disease while protecting those already living with it from discrimination.

Source: Business Times, 3 December 2000

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