DaimlerChrysler South Africa (Pty) Ltd. Workplace Policy on HIV/AIDS

Contact Information:

Karl-Heinz Schlaiss, DCSA
Tel: +27 12 677 1946
Email: karl.schlaiss@daimlerchrysler.com

Dr. Andrea Knigge, GTZ
P.O. Box 13732
Pretoria 0028
Hatfield Gardens, Corner Arcadia and Hilda street Block C, 2nd Floor
South Africa
Tel: (012) 3421981
Fax: (012) 3421982
Cell: 083 6800160
Email: Knigge.GTZ-Suedafrika@za.gtz.de

I. Purpose, Preamble and General Principles

1. Purpose:

The Purpose of this HIV/AIDS Workplace Policy is to ensure a uniform and fair approach to the effective prevention of HIV/AIDS amongst employees and their families, and the comprehensive management of HIV positive employees and employees living with AIDS.

2. Preamble:

The Management and the HIV/AIDS Task Force of Daimler/Chrysler South Africa (DCSA) acknowledges the seriousness of the HIV/AIDS epidemic in South Africa and its significant impact on the workplace. It shares the understanding of AIDS as a chronic, life threatening disease with social, economic and human rights implications. DCSA, moreover, seeks to minimize these implications through comprehensive, proactive HIV/AIDS workplace programs; and commits itself to providing leadership in implementing such programs.

3. General Principles:

Consultation: This DCSA HIV/AIDS workplace policy has been developed and will be implemented in consultation with the DCSA employees at all levels

• Equity: Employees living with HIV/AIDS have the same rights and obligations as all staff members and they will be protected against all forms of unfair discrimination based on their HIV status
• Confidentiality: All information and test results of an employee concerning HIV and AIDS are confidential An employee may give informed consent to release such information to individuals specifically identified by an employee
• Rights and responsibilities: This policy is in compliance with existing South African laws regarding HIV/AIDS ^[1], as well as with the Southern African Development Community (SADC) Code on HIV/AIDS and Employment ^[2].
• Breaches of this policy will be dealt with under the normal disciplinary and grievance procedures of DCSA.

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II. Basic Information on HIV/AIDS:

1. What is HIV?

AIDS is a disease that affects millions of South Africans. It is caused by a virus called HIV, which stands for Human Immune Deficiency Virus. This virus slowly weakens a person's ability to fight off other diseases, by attaching itself to and destroying important cells that control and support the human immune system (CD 4+ cells). After a person is infected with HIV, he or she, although infectious to others, can look and feel fine for many years before AIDS is developed.

2. HIV Causes AIDS

There is no question among the majority of the world's scientists that HIV causes AIDS. The average period between getting infected with HIV and developing AIDS is 5 to 7 years in the absence of treatment. AIDS is an abbreviation for Acquired Immune Deficiency Syndrome, which is a term to describe a set of opportunistic infections and cancers, which would not be life-threatening, if HIV had not destroyed the body's immune system in the first place.

3. Transmission and Factors Fueling the Epidemic

There is very little chance of HIV being transmitted in the workplace In order for a person to be infected, the virus must gain entrance into a person's blood stream. These are limited number of modes of transmission. The modes of transmission in order of importance are:

• Unprotected sex with an HIV infected person
• From an infected mother to her child (during pregnancy, at birth, through breast feeding)
• Intravenous drug use with contaminated needles
• Transfusion with infected blood and blood products
• Unsafe, unprotected contact with infected blood and the bleeding wounds of an infected person

Other circumstances which increase the risk of HIV transmission and the development of AIDS include among others, factors related to poverty (overcrowding, poor housing, high prevalence of tuberculosis, etc), limited access to health and social services ( untreated STDs, drug shortages, etc), migrant labour, rapid urbanization, unemployment, poor education, and the inferior position of women in society( sexual violence, powerless to insist on condoms, etc). These continue to fuel the epidemic in spite of individual behavior modification attempts.

4. Treatment

There is no cure or vaccine for HIV/AIDS, yet. However, there are some major advances in medical treatment. Anti-retroviral drug combinations are available, which, when properly used result in significantly prolonged survival of people living with HIV. Holistic care of people living with AIDS (PWA) and comprehensive treatment of opportunistic infections dramatically improves quality of life.

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III. Creating a Nondiscriminatory and Caring Environment

1. Stigmatization and Discrimination

Through the provision of information, education and communication about HIV and AIDS and normal DCSA disciplinary and grievance procedures, this policy aims to protect all HIV positive employees from stigmatization and discrimination by coworkers, based on their HIV status. It guarantees that job access, -status, -promotion, -security, and training will not be influenced merely by the HIV status of an employee.

2. Counseling and Testing

DCSA rejects HIV testing as a prerequisite for recruitment, access to training, or for promotion. However, DCSA promotes and facilitates access to Voluntary Counseling and Testing (VCT) for all employees. Counseling includes pretest and post-test counseling.

3. Confidentiality and Disclosure

DCSA guarantees confidentiality of any medical information relating to HIV status that any of its representatives may have in their possession by virtue of their position in the company. DCSA strives to create a climate that allows for and encourages voluntary disclosure of an individual's positive HIV status. DCSA also guarantees that an employee will not be unfairly discriminated based on their disclosed HIV status.

4. Performance Management

With this policy, DCSA acknowledges the desire and the ability of HIV positive employees to work. It therefore, guarantees that employees living with HIV and AIDS may continue to work as long as they are able to perform their duties in accordance to the job requirements. When due to medical reasons an employee may no longer be able to continue with his or her normal employment duties, DCSA will make efforts to reasonable accommodate an employee in another position in line with existing legislation and company policies.

5. Occupational Health and Safety

Risk of HIV infection at the workplace is managed through the following means:

• Standard procedures are applied to reduce risk following injury at work involving blood, and potential exposure to bloodborne pathogens, including HIV. Appropriate HIV/AIDS information is included into occupational health training and First Aid training.
• Emergency care and treatment for DCSA medical personnel and people performing First Aid in and after medical HIV exposure will be provided.

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IV. DCSA HIV/AIDS Program

1. Comprehensive Health Care

The DCSA HIV/AIDS Program provides Comprehensive Health Care services, including:

• The Syndromic Approach to treatment of Sexually Transmitted Diseases (STD)
• Appropriate treatment for people with Tuberculosis in line with the Ministry of Health's National TB Control Policy. Directly Observed Treatment/ Short Course Chemotherapy (DOTS) for people with Tuberculosis will be the cornerstone of treatment.
• Employee Wellness Services & an Employee Assistance Program
• Voluntary Counseling and Testing for HIV (by trained and supervised counselors and qualified health personnel)
• A sustained commitment to access to anti-retroviral drugs, treatment according to standard protocols, and appropriate treatment of opportunistic infections within the framework of the company medical aid
• Condom availability and distribution
2. Education and Awareness

The DCSA HIV/AIDS Program will facilitate continuous HIV/AIDS education and awareness through ensuring:

• The systematic and ongoing provision of credible information about HIV/AIDS using all company media and communication methods. This will include, but not be limited to, regular features in the company newspaper, articles on the DCSA Intranet, features on internal company television broadcasts, AIDS Information Kiosks, the establishment of a DCSA Intranet Health Help Desk, distribution of informative publications and referrals to the National HIV/AIDS Helpline and other Support and Information Resources
• Appointment of and ongoing support to Peer Educators in the workplace
• Health Promotion Campaigns including promotion of VCT and proper condom use
• Outreach to, partnership with-, and promotion of organizations involved in community-based HIV/AIDS initiatives and advocacy.
3. Organisational and Human Resource Resources Development

The DCSA HIV/AIDS Program will prioritize the critical need to proactively manage the impact of HIV/AIDS on the company and its employees. DCSA will

• Conduct baseline and periodic formal HIV/AIDS Risk Assessments of the organisation, its employees, and their families. This will include HIV prevalence and impact studies without compromising confidentiality of HIV status of any individuals. It will be done in consultation and with the consent of employees and employee organisations
• Continuously review and improve appropriate organisational - and human resource development measures to mange current and future HIV/AIDS impacts
• Continually review and remodel health-related employee benefits to meet current and future HIV/AIDS impacts. Health-related employee benefits include insured death and disability benefits, funeral cover, and the company medical aid scheme.

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V. Implementation and Coordination Responsibilities

1. Coordination

To coordinate and implement the HIV/AIDS program and its policy, DCSA employs a HIV/AIDS Program Coordinator. As the major decision making body an AIDS Task Force has been created. The Task Force consists of employees representing all constituents of the company. Participants are drawn from the representative Trade Union, Staff Committee, Medical Services, Production Management and Human Resources Management, and representatives of the GTZ

2. Community Involvement and Partnerships

DCSA considers community involvement and partnerships with other stakeholders and institutions an integral part of its HIV/AIDS strategy. It therefore, supports community based initiatives in its employee's communities. DCSA is committed to create and foster partnerships with governmental and non-governmental organisations for the implementation of its HIV/AIDS programmes.

3. Monitoring and Evaluation

In order to thoroughly design, plan and evaluate this policy and it connected HIV/AIDS prevention and care services. DCSA will launch a HIV prevalence survey to establish baseline data and will regularly conduct HIV/AIDS Risk Assessment and Knowledge, Attitudes, Practice/Behavior (KAP/B) Studies among its employees and their family members. For the same reasons, a monitoring, evaluation and reporting system for all service components has been designed. Continuous monitoring, evaluation and reporting is critical in ongoing programme impact evaluation.

4. Communication

DCSA commits itself to regular and formal communication within the company about the HIV/AIDS Program and its development.

5. Policy Review

The HIV/AIDS Task Force will review this policy at regular intervals and conduct a formal review in the 1st Quarter of each year.

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[1]

• Constitution of the Republic of South Africa act No. 108 of 1996.
• Employment Equity Act, 55 of 1998
• Occupational Health and Safety Act, 85 of 1993
• Mine and Health Safety Act No.29 of 1996
• Compensation for Occupational Injuries an Diseases Act No. 130 of 1993
• Basic Conditions of Employment Act, 75 of 1997
• Labor Relation Act No. 66 of 1995 (arbitrary dismissal, ability to work of HIV+ staff)
• The Medical Scheme Act, No 131 of 1998
• The Commission for Employment Equity Code of Good Practice on key aspects of HIV/AIDS and Employment, 2000

[2]
Adopted in 1997 by the SADC Council

For more information, visit the AIDS Law Project: www.hri.ca/partners/alp

© DaimlerChrysler South Africa (Pty) Ltd. All rights reserved. Please read the disclaimer.

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