New regulations dissuade mandatory HIV tests in the workplace

Jan 25, 2014 News

An employer’s demand to know the Human Immunodeficiency Virus (HIV) status of an employee can in fact constitute a felony if the regulations, under the Occupational Safety and Health Act, Chapter 99:10 were to be invoked.

The appendage is in fact being referred to as the Occupational Safety and Health (HIV and AIDS) Regulations 2013. If any provisions of the regulations are contravened by anyone it represents an offence thus making the offending individual “liable on summary conviction to a fine not exceeding $50, 000.”

Detailed in the Official Gazette, which was presented to the National Assembly on Thursday by Minister of Labour, Dr Nanda Gopaul, the very Regulations outlines 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.”

Moreover, the Act underscores that not only is an employer dissuaded from making it compulsory for an employee to undergo any form of HIV testing but that employer does not have the right to make it compulsory for any employee to disclose any information regarding his/her status in connection with his/her employment.

The Regulations state, “No person shall, except with the knowledge and written consent of the employee to whom the information relates, disclose any information relating to: the HIV status or any medical examination, of any employee acquired by that person in the course of his duties unless the information is acquired to be disclosed in terms of any other law or by order of any court.”

The Regulations also specify that an employer does not have the legal right to terminate the service of any employee on the grounds of that employee’s HIV status or perceived HIV status.

Moreover, discriminating acts against an employee based on his/her status or perceived status in relation to promotion, transfer, any training or other employee development programme, remuneration and working conditions and any other terms and conditions of employment will constitute a legal infringement.

Notwithstanding any other law to the contrary, the regulations states that the “HIV status of an employee shall not affect his (/her) eligibility for any occupational or other benefit schemes provided for employees.”

However, it was pointed out that where in terms of any law, the eligibility of a person for any occupational or other benefit scheme is conditional upon an HIV test, the conditions attached to the HIV and AIDS shall be the same as those applicable in respect to comparable chronic diseases.

The regulations also speak to the confidentiality to an employee’s pre and post HIV test counselling and also emphasises that no inferences concerning the HIV status of the employee shall be taken from his or her refusal to take such a test.

In the situation where a person is employed in an occupation or is required to provide services where there may be risk of transmitting or acquiring HIV and other blood-borne infections, the employer shall provide appropriate training, together with clear and accurate information and guidelines, on minimising the risks of infection and the spread of HIV and other blood-borne diseases.

The regulation also states that “the employer shall provide personal protective equipment, free of cost along with the necessary user training…” to employees.

And in order to ensure that all employees are aware of their rights as it relates to the regulations, the employers are mandated to provide a copy of the regulations to each employee at no cost.

The regulation recommends 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.

Latest News

New regulations dissuade mandatory HIV tests in the workplace

Related

Similar Articles

The Glenn Lall Show|| March, 31st, 2025

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Saints and GTI dominate as YBG Georgetown Regional Conference...

Carty misses ton, Hamilton (80) sets up tense...

Annandale Sec’ dominates latest fixtures in...

GPF FC to tackle Slingerz tomorrow as GFF Elite...

Permaul’s Trading & Distribution joins...

All set for Rotary Club of NA Childhood Obesity...

Features/Columnists

The reciprocal tariffs

The U.S. “Joining” the Commonwealth: an unreasonable expectation

Tariffs – American game, American imagination

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]

New regulations dissuade mandatory HIV tests in the workplace

Share this:

Related

Similar Articles

The Glenn Lall Show|| March, 31st, 2025

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Features/Columnists

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]