HIV

A Guide for employers

HIV
Why have a policy?

Just because HIV isnt in the headlines doesnt mean that it is not
in the workplace.
Improvements in treatment mean more people with HIV are staying healthy and continuing to work.
A well-publicized and up-to-date corporate policy about HIV can have many benefits. It can help protect
peoples rights and ensure the proper response if a worker discloses that he or she is living with HIV.
It can also help to educate other staff about HIV and prevent discrimination.

The Canadian Human Right Commission notes that employers without a HIV/AIDS policy will find themselves
less prepared to deal with HIV/AIDS -related issues such as confidentiality and non-discrimination. The
relatively simple step of putting in place and communicating a HIV/AIDS policy sends a clear message
to employees on the organization's commitment to equality.

Most people know about HIV: is employee

education still necessary?
While many Canadians are familiar with HIV, some still have unrea-
sonable fears about contracting HIV, or negative attitudes towards
people living with HIV. Education helps. One of the most effective
ways to educate employees about HIV is to incorporate it into a
presentation on policy related to HIV and other life-threatening
disabilities or into other training on the rights of people with
disabilities or workplace health and safety.

What do employees need to know?

Employees should know:
What HIV and AIDS are
How the virus is transmitted, with emphasis on the impossibility
of transmission by casual contact
The actual risk in the workplace
How HIV affects people living with HIV/AIDS, including side
effects of treatment for HIV
The rights of people living with HIV/AIDS
The companys HIV policy
How to react if a co-worker discloses his or her status and how
colleagues can help.

2 HIV in the Workplace

Some companies and organizations choose to include information
about HIV in a more general policy on life-threatening disabilities,
whereas others have stand-alone policies. The benefit of an HIV-
specific policy is that it highlights the issues faced by people with
HIV, fears related to criminal law provisions on disclosure of status,
and discrimination. However, including HIV in a more general
episodic or life-threatening disability policy communicates an
important message to employees: people living with HIV do not
pose a danger in the workplace, and they have the same rights as
people with other disabilities. This message can help overcome fears
and prevent discrimination.

What should the policy cover?

An effective policy should comply with federal and provincial or
territorial legislation governing human rights, disabilities and work-
place standards, and cover the following issues:
the right to job accommodation
employees right to work as long as their health allows them to
perform the essential duties of the job after accommodation
has been provided
the employees right to confidentiality of health information
the employees eligibility for health benefits
co-workers responsibilities and how the company will deal with any co-worker issues
the companys responsibility for educating employees about HIV and the risks of transmission
the steps the company will take to provide a supportive environment for people with HIV or other
episodic or life-threatening disabilities
the managers/supervisors responsibilities regarding all of the above issues

Consider striking a committee with representatives from across the organization and the community
(i.e., personnel department, management, union, local AIDS organization) to write and implement a policy.
Alternatively, you may wish to follow the model policy in this brochure.

HIV in the Workplace 3

HIV
The Basics

HIV (human immunodeficiency virus) attacks the immune system by infecting and destroying blood cells that
are required for a persons immune system to work properly. A person with HIV may not feel or look sick for
years, but over time his or her immune system will weaken. Eventually, the immune system becomes so
damaged that it is no longer able to fight off infections. This advanced stage of HIV disease is called AIDS
(acquired immune deficiency syndrome).
It is estimated that over 58,000 people are living with HIV in Canada and over 2,000 are newly infected each
year. HIV does not discriminate. Anyone can be infected with HIV regardless of age, gender, sexual orientation,
race or ethnic origin.
HIV is transmitted only through blood, semen, vaginal fluids and breast milk. In order for the virus to be
passed on, blood, semen, vaginal fluids or breast milk from an infected person must enter the bloodstream
of another person.

A person can be infected with HIV by:

Having vaginal or anal sex with someone living with HIV without
using a condom
Sharing needles or other equipment (water, cooker, filter, etc.)
to inject drugs such as cocaine, heroin or steroids with someone
living with HIV
Having oral sex with someone living with HIV without using a
condom or dental dam
Sharing sex toys with someone living with HIV
Sharing needles or ink to get a tattoo
Sharing needles or jewelry to get a body piercing
Sharing acupuncture needles
Being born to a woman living with HIV
Being breastfed by a woman living with HIV

4 HIV in the Workplace

Some Canadians were infected with HIV through blood transfusions before screening was implemented
in late 1985. Since then, blood safety has become a top priority, and the World Health Organization has
said that Canadas blood system is amongst the safest in the world.

No one has ever been infected with HIV through:

Shaking hands, hugging, kissing or other casual contact
Sharing eating utensils, dishes or glasses
Being coughed or sneezed on (HIV is not airborne)
Using the same bathroom or toilet, shower or sink
Sharing water fountains or coffee pots
Sharing office supplies, computers, tools, telephones, desks, or uniforms
Swimming in public pools
Donating blood

HIV in the Workplace 5

HIV and
Occupational health and safety

As with many viruses, you cannot tell by looking at someone

whether or not he or she is infected with HIV. A person may
be infected with HIV (or any number of blood-borne infections
for that matter) and not even know it. This is why it is impor-
tant to use the same precautions when dealing with the blood
or other body fluids of any person assume that everyone is
infected. This is the premise of universal precautions.

Here is a list of universal precautions that should be put into practice

in the workplace:
Bandage all cuts right away to avoid contact with other people.
Blood and other body fluids should be cleaned using a solution of 1 part bleach, 9 parts water.
Do not use bare hands to clean up items soiled with blood or other body fluids; wear gloves.
Put sharp items into a solid sealable container that wont puncture garbage bags, to prevent those
handling garbage from pricking themselves.
Wash your hands with soap and hot water for at least 20 seconds after you have had contact with
blood or other body fluids, after going to the bathroom, before preparing or eating food,
and after removing latex gloves.
Use hand lotion to help keep your hands from becoming chapped or irritated. Intact skin is
your first defense against infection.
Flush eyes, nose, or mouth with water if exposed to another persons blood or body fluid.

First Aid
When administering first aid, follow the universal precautions and the following guidelines:
All workplaces should be equipped with first aid kits that contain a pair of gloves, latex barriers and
mouth guards to protect both the person giving and the person receiving first aid.
Administer first aid without delay. If required to perform mouth-to-mouth resuscitation, use a mouth
guard to avoid coming into contact with blood.
Report any workplace accidents to a supervisor as soon as possible.

6 HIV in the Workplace

HIV and
Human rights
Canada and each province and territory have anti-discrimination laws that protect people living with disabilities.
For example, the Canadian Human Rights Act states:
For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour,
religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon
has been granted.
It also states:
It is a discriminatory practice, directly or indirectly,
a) to refuse to employ or continue to employ any individual, or
b) in the course of employment, to differentiate adversely in relation to an employee
on a prohibited round of discrimination.
HIV is considered a disability under anti-discrimination law in Canada, and every employer has a duty to
accommodate an employee with a disability. An employee does not have to disclose their HIV status to obtain
accommodation. To accommodate an employee means to remove barriers (physical, policy or attitudinal) so that
a person is able to do the essential duties of his or her job, despite the fact that he or she has a medical condition.
For example, a simple accommodation might be changing an employees work schedule to permit him or her
to go for medical appointments.
An employee living with HIV who needs accommodation in order to continue working or to return to work
has a responsibility to cooperate with his or her employer. This may mean participating in discussions
about work duties, and working with the employer and/or unions on an ongoing basis to manage the
accommodation process.

What are reasonable accommodations for people living with HIV?

Allowing employees to take time to ensure that they are taking medications at their prescribed
time every day
Flexible work schedules
Time off to attend doctors appointments
Generous leave policies
The opportunity to shift from full-time to part-time work and back again
Reassignment to a less demanding position.

One area where anti-discrimination law does not fully protect an employee with a disability is employment-
to exclude employees with disabilities from particular insurance coverage or benefits, either altogether or for
a certain period of time.
For more detailed information about human rights and HIV as a disability in your province or territory, consult
provincial/territorial legislation or human rights commissions, or talk to a lawyer.

HIV in the Workplace 7

HIV and
Workplace policies

Since HIV is not spread through ordinary workplace activities, there is no reason why a person living with HIV
must disclose his or her HIV status at work. This is also the law.
It is possible that an employee living with HIV may never become ill during the period of employment. Many
people living with HIV have been living with the virus for many years and are actively engaged in full-time work.
For some, it can take years for symptoms to develop.
Employers consider it important for employees to meet performance standards, and to be mentally and
physically able to perform the essential duties of their work in a safe, efficient and reliable manner. If these
standards are being met, it should not matter whether an employee has HIV or not.

When HIV becomes an issue

HIV is a chronic disability. Like many people with episodic
disabilities, people living with HIV have good days and bad
days health-wise. Some days they are able to complete a full
days work while other days they may not be able to do so
because HIV infection, other disabilities, or side effects associated
with their medications.
Under the human rights law of every jurisdiction in Canada,
people living with HIV have a right to accommodation in the
workplace. They do not have to disclose their HIV status to
obtain accommodation. An employer can ask an employee who
requests accommodation to provide his or her employer with
medical confirmation that he or she has a disability and of the
limitations it places on his or her ability to perform their job.
Insurance is a different matter. Even though an employee is
not required to reveal HIV status to anyone in the workplace,
physicians may need to reveal specific conditions to insurance
companies when an employee is applying for benefits. An
employee who needs to take medical leave will need to notify
supervisors, and provide a letter from a physician in order to
apply for disability insurance.
When an employee submits an insurance claim, sometimes the
paperwork passes through the workplaces human resources
personnel before it is sent to the insurer. In order to protect
confidentiality, an employee must be able to submit claims
directly to the insurance company to prevent anyone in the
workplace from reviewing the details.

8 HIV in the Workplace

 If an employee feels he or she cannot handle full-time work and is considering switching to part-time hours,
it may be a good idea to consult with the insurance company beforehand. Employees seeking disability
benefits may find that the benefits from a part-time income are much less than they would have been if
they had applied for disability while on a full-time income.
All insurance companies have strict policies regarding confidentiality of client information and are required
by law to keep claim information private. Insurance companies must have written permission from the
insured person to discuss medical information with anyone who works outside of the insurance company.
Application forms for disability benefits may contain consent clauses that allow the insurance company and
the employer to share information about an employees medical condition and ability to work; it is the
responsibility of the employer to notify and explain this clause to all employees.
If an employee chooses to disclose his or her HIV status to an employer, the employer is obliged to keep
this information confidential. Legally, the employer cannot disclose information about an employees HIV
status (or other medical information) to third parties (other employees, other employers, etc.) without the
employees consent.

Should an employer or supervisor tell employees when a co-worker has HIV?

No. In fact, an employer is required by law to keep an employees medical information confidential.
A supervisor may require information about the impact of the disability on the ability to perform his or her
job in a safe manner, but employees are not required to disclose their status. Because HIV cannot be transmit-
ted through casual contact, co-workers do not need to know. The decision about disclosing a persons status
to others should be left up to the person living with HIV.

HIV in the Workplace 9

HIV
SampleWorkplace policies

[Companys name]
Workplace Policy on HIV/AIDS [date]
POLICY STATEMENT
Employees who are living with HIV/AIDS are valued employees who
do not pose a health risk to others in the workplace, and [company
name] encourages them to remain productive at work as long as
possible. [Company name] ensures a consistent and fair approach to
comprehensive support for employees living with HIV, as well as the
effective prevention of HIV amongst employees.

I. Discrimination
[Company name] does not discriminate against a qualified individual with a disability
with regard to job applications, hiring, promotion, access to special equipment,
discharge, compensation, training, or other terms, conditions, or privileges of employment.
HIV is recognized as a disability under Canadian law.

II. Testing
Consistent with the views of the Canadian Human Rights Commission, no current or
prospective [Company name] employee will be required take an HIV antibody test or
any other diagnostic test associated with HIV, or reveal the results thereof as a condition
of employment.

10 HIV in the Workplace

III. Education
[Company name] will provide education on HIV/AIDS prevention
for all employees with the support of the [name of responsible unit
OR the local public health unit]. On-site educational resources
and confidential referrals to other agencies are available
through [title of responsible person in the organization].

IV. Support to the employee

[Company name] recognizes that employees living with
HIV/AIDS or any other life-threatening disease may wish to
continue to engage in as many of their normal pursuits as their
disability allows, including work. As long as employees are able
to perform essential job functions (with appropriate accommoda-
tion), management is sensitive to their health concerns and will
ensure that they are treated as other employees are treated.
Support will include:

i. Accomodation
As with any employee who living with a disability, [Company name] recognizes that the employee
has the right to reasonable changes in his or her working arrangements, if necessary, to accommodate
the disability.

ii. Informing the employer

Employees who are living with HIV are provided the right to privacy in the disclosure of their
medical status. There is no obligation to inform the employer of their medical status but, where
[Company name] has been informed, the employer has an obligation to maintain confidentiality.

iii. Confidentiality
An employees medical information is personal and will be treated as confidential. [Company name]
will take all reasonable precautions to protect information regarding an employees health records.

iv. Benefits
[Company name] will ensure continued coverage under the terms and conditions of the current
benefit package and personnel policies [and, if applicable, collective agreement].

v. Co-workers
[Company Name] is sensitive and responsive to co-workers concerns and emphasizes education
and information. [Company Name] will not tolerate discrimination based on unfounded fear of
transmission, or stigmatization.

HIV in the Workplace 11

HIV
SampleWorkplace policies

V. UNIVERSAL PRECAUTIONS
Risk of HIV infection at the workplace is managed through universal precautions, including the proper han-
dling of sharp items and the use of barriers, such as gloves and masks, to protect the person
handling blood or other body fluids.

i. FIRST AID IMPLICATIONS

When administering first aid, abide by universal precautions and the following guidelines:

All workplaces should be equipped with first aid kits that

contain a pair of gloves, latex barriers and mouth guards to
protect both the person giving and the person receiving first aid.
First aid should be administered without delay. If required to
perform mouth-to-mouth resuscitation use a mouth guard to
avoid coming into contact with blood.
Report any workplace accidents to a supervisor as soon as
possible.

VI. REVIEW OF THE POLICY

This policy will be reviewed annually.

12 HIV in the Workplace