Rescinded [2010-03-24] - Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS)

Human Immunodeficiency Virus (HIV) is a fragile virus that cannot be spread by casual contact or by usual workplace activities. Infection with HIV is a chronic progressive disease transmitted by: unprotected sexual activity with a person infected with HIV; receiving HIV–contaminated blood or other body fluids into the body, for example, by sharing needles and syringes contaminated with blood from a person infected with HIV; and, in the case of the unborn or newborn baby, a mother infected with HIV. No effective treatment for HIV infection or AIDS is available. However, new treatments for AIDS-related illnesses are enabling persons with AIDS to live longer.

Precautions for employees with a potential risk of exposure

As indicated in the policy, departments must ensure that the safety and health of employees who have a potential risk of exposure to a causative agent are protected.

1. Where a potential risk of exposure to HIV as well as to other bloodborne infectious agents exists, departments must establish and enforce infection control procedures recommended by Health Canada. Departments must also provide appropriate protective clothing and equipment in accordance with the Treasury Board Personal Protective Equipment and Clothing directive and the Canada Labour Code, Part II.
2. Workplace exposure to blood or other body fluids that are potentially contaminated with HIV shall be reported in accordance with Treasury Board Procedures for Accident Investigation and Reporting.
3. In addition, ongoing education and training in infection control must be provided for these potential risk employees in accordance with the Treasury Board Occupational Safety and Health policy and the Canada Labour Code, Part II.

Testing

The Public Service does not require mandatory HIV testing as a condition of employment.

The Occupational Health and Safety Agency of Health Canada may provide voluntary HIV screening tests for employees who assume responsibilities on behalf of the government in foreign countries. Proof of HIV sero–negativity is required for entry into some countries.

The tests are also available to employees occupying potential risk positions or returning from countries where the virus is prevalent, if a risk of exposure has been identified.

The principles of informed consent, pre–test and post–test counselling, and confidentiality of results are followed throughout the testing process.

Employee rights and benefits

As indicated in this policy, departments must ensure that the rights and benefits of employees with HIV infection or AIDS are respected, as well as those of co–workers and clients. Departments must ensure that:

1. any form of discrimination of an employee who has or is presumed to have HIV infection or AIDS is prohibited;
2. any harassment of an employee with HIV infection or AIDS is handled in accordance with the procedure outlined in the policy on Harassment in the Workplace.
3. records containing personal information HIV or AID are designated as PROTECTED and handled in accordance with the provisions of the Privacy Act and the confidentiality requirements outlined in the Occupational Safety and Health policy, Employee Assistance Program policy, and Security policy. Reference may also be made to the Treasury Board Policy Guide: Access to Information Act and Policy Act with respect to access, collection, disclosure and accuracy of personal information;
   
   However, employees who wish to apply for disability benefits under the Disability Insurance Plan of the Public Service and the long–term disability insurance portion of the Public Service Management Insurance Plan will be required to provide complete medical information to the appropriate insurance company.
   
   Similarly, employees who wish to apply for compensation under the Government Employees Compensation Act will be required to provide complete medical information to the appropriate provincial Workers' Compensation authority.
4. work–related benefits such as sick leave allowances, medical and disability entitlements and return–to–work privileges continue to be provided in accordance with existing Public Service policies and/or collective agreements;
5. as is the case with other health conditions, reasonable employment accommodation is made for employees with HIV or AIDS. Where possible and in accordance with the Public Service Employment Act, a suitable alternative position is offered when the employee can no longer meet the requirements of his or her own position. The Occupational Health and Safety Agency, Health Canada, may assist in determining suitable employment;
6. employees with HIV or AIDS are made aware of the confidential counselling, information and referral services that are available, on a voluntary basis, through the occupational health services provided by Health Canada and through departmental employee assistance programs.

Education and information

As indicated in the policy, it is a departmental responsibility to inform employees of existing workplace services related to HIV and AIDS. Some available services are:

1. for those employees posted or travelling abroad on government business, departments should provide up–to-date reliable information on prevention measures either through departmental resources or the Occupational Health and Safety Agency of Health Canada;
2. managers and other employees concerned about dealing with employees with HIV or AIDS should consult with the Occupational Health and Safety Agency, their departmental employee assistance program practitioner or, in the case of specific workplace issues, their safety and health committee;
3. as a means of alleviating workplace concerns and preventing further spread of HIV generally, departments may arrange for employee education sessions through the Occupational Health and Safety Agency of Health Canada.