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CHECKLIST FOR DRAFTI

NG AN HIV/ AIDS POLIC


Y

Establishment of HIV/AIDS companys


policy
HIV/AIDS policies can be many pages long or as short as a few
paragraphs. Usually the length of the policy depends on whet
her it simply outlines broad policy guidelines or provides detai
led instructions and procedures on how the policy is to be im
plemented.

An HIV/AIDS policy
Sets a foundation for HIV/AIDS prevention and care program
s
Offers a framework for consistency of practices within a busi
ness
Expresses the standards of behavior expected of all employe
es
Informs all employees what assistance is available and where
to get it
Guides supervisors and managers on how to manage HIV/AI
DS in their work groups
Assures consistency with relevant local and national laws an

HIV/AIDS-Specific Policies
Although corporate responses should be similar to the response
s to other serious illnesses, HIV/AIDS is a unique disease in that i
t is always fatal, often carries great social stigma, has a dispropor
tionate effect on working-age adults and, in some regions, affect
s a very high proportion of the population.
This approach acknowledges that HIV/AIDS is a major health iss
ue and highlights the employers commitment to addressing it in
appropriate, responsible ways.
These policies acknowledge the potential impact of HIV/AIDS in
the workplace and offer rational, cost-effective responses to miti
gate that impact.

BASIC PRINCIPLES
Recognition of HIV/AIDS as a Workplace Issue
Nondiscrimination
Gender Equality
Healthy Work Environment
Social Dialogue
Screening for Purposes of Exclusion From Employment or Work Processes
Confidentiality
Continuation of Employment Relationship
Prevention
Communication and Leadership
Care and Support

CHECKLIST FOR DRAFTING AN HIV/ AI


DS POLICY
The following checklist can be used as a guide in preparing a
company HIV/AIDS policy. The points in the checklist can be
considered paragraphs or provisions in the policy.

CHECKLIST FOR DRAFTING AN HIV/ AI


DS POLICY
Introduction
Reason(s) why the company has an HIV/AIDS policy;
Persons covered by the policy (some or all employees or diff
erent provisions for different categories of employees);
Policy compliance with national and local laws and trade agr
eements;
How the policy will be applied;

CHECKLIST FOR DRAFTING AN HIV/ AI


DS POLICY
General Consideratio
ns

Statement regarding the intent of the company to have an HI


V/AIDS policy for application to company operations;
Statement as to whether the policy is specific to HIV/AIDS or
whether it incorporates HIV/AIDS into existing sections on lif
e-threatening illnesses.

CHECKLIST FOR DRAFTING AN HIV/ AIDS POLICY


Elements Relating to Employment Criteria
Statement that applicants and employees will not be screen
ed for HIV as a condition of continued employment or promo
tion;
Provision on circumstances where an employee would be as
ked to be tested for HIV, including:

Elements Relating to Employment Criteria


(continued)
Explanation of the reasons why a request would be made for an HIV test;
Statement of whether the employer or employee would be responsible for paying for an HI
V test;
Statement that pre- and post-test counseling would be provided for any employee who is a
sked (or asks) to take an HIV test;
Statement of the company response if an employee refuses to be tested;
Statement of the companys intention to keep all medical information, including results of
HIV tests, confidential;
Statement of company intentions toward employees who, if required to be tested, are foun
d to be HIV-positive;
Statement of the appeal, arbitration and resolution options for employees who refuse to be
tested or who, if tested, are found to be HIV-positive;
Statement of the companys position toward insurance companies that may require an HIV
test for various forms of coverage.

Elements Relating to Employment Criteria


(continued)
Statement that the company is willing to make accommodations (s
uch as less rigorous work or a different work environment) for emp
loyees who request such accommodations because of HIV infectio
n;
Provision that the company will maintain and enforce legal, accept
able and recognized occupational safety precautions to minimize r
isk of workplace exposure to HIV;
Provision relating to the privacy of employee personnel records, in
cluding medical records;
Statement prohibiting stigmatization of and discrimination against
employees who are (or who are suspected of being) HIV-positive.

Elements Relating to Benefits and Treat


ment for HIV-infected and HIV-affected
Employees

Provision of benefits related to HIV infection is likely to be an


extension of existing benefit provisions. As part of an overall
prevention program, an HIV policy can explicitly refer to assi
stance in the treatment of STIs. As implied in the previous se
ction of this checklist, workers with HIV/AIDS should receive
the same type, level and form of benefits as other employees
with serious illnesses.

Provisions include:
Statement about company and employee contributions to he
alth and medical care, life and disability insurance, workers
compensation, social security and other retirement benefits,
compassionate leave (for care-giving, funerals), death benefi
ts for beneficiaries, treatment for opportunistic infections rel
ated to HIV and treatment for HIV;
Coverage for dependents;
Statement about company provision of or support for assista
nce in gaining access to life-saving treatments and drugs for
HIV and opportunistic infections;

Provisions include: (continued)


Provision of or support for counseling and related social and psy
chological support services for HIV-infected and HIV-affected em
ployees (and dependents);
Statement that the company recognizes the importance of peer-s
upport groups and permits such groups to be formed and to mee
t on company property (during or outside of work hours);
Legal support services. Although companies may worry about leg
al challenges, company support for employees (in-house or contr
acted out) to access legal advice can assist in safeguarding depe
ndents through preparation of wills, transfer of property and leve
raging of public services.

Elements Relating to Workplace Preven


tion
Statement that HIV/AIDS prevention is the responsibility of all employees, including senio
r management and supervisors;
Statement about the leadership role of managers and worker representatives, both in the
company and in the wider community, in addressing HIV/AIDS;
Statement emphasizing the importance of (and company expectations of) employees avoi
ding risky sexual behavior; Statement referring to company and union responsibilities for
maintaining an environment that reinforces safe sexual behaviors;
Statement of company and union responsibilities for providing all employees with timely,
accurate, clear and adequate information about HIV prevention, community support servi
ces, treatment options and changes in company prevention activities;
Description of the HIV prevention components that will be available to employees. Recom
mended components include easy and regular access to male and female condoms, acces
s to diagnosis and treatment of STIs, training of peer educators who will be accessible to e
mployees and information about prevention and care services that exist in the community