HIV and Privacy

2284103

We have an employee who told management he is HIV positive. At his request, only HR and management (on a need-to-know basis) know about his condition. We have concerns about the rights and protection of our other employees. We know that "a risk of transmission in emergency first aid situations is not cause to identify an employee". However, we are afraid of the reaction from the other employees who find out AFTER they have helped him with an injury (should one occur). It seems like a plaintiffs' attorney's dream. Has anyone had experience handling this two edged sword?

Tony Kessler

I hope others will share their recent experiences with you. In the meantime, to see some previous posts on this same topic, do a search for "HIV." Hope this helps. tk

Tony Kessler, director of editorial
M. Lee Smith Publishers LLC
(615) 661-0249 ext. 8068

skyrocket

Since the ADA considers HIV status to be a protectecd characteristic making presumptions about the effect of the disease violates ADA. The quandry here is weighing the requirements of ADA against potential safety issues.

Do you have a Bloodbourne Pathogens program at your worksite which addresses proper procedures in the event of any bodily fluid transmission? This program is not specific to HIV - but concerns Hepatitis as well. Implementing such a program at this time could be problematic in that it may unwittingly alert employees to a potential problem. Employers with a workplace risk of cuts should always have such a program in place (OSHA).

You should instruct your first aid personnel to have proper equipment and procedures in place for emergency situations (not only for this employee who self-identified but for those you may not have done so). These individuals need not be alerted to the potential issue - but should be trained for general purposes as a proactive employer.

From what I have read (and I an NO EXPERT), transmission of the HIV virus requires bodily fluid transmission. Therefore cuts and the like should always be reported through your work comp program. You may want to make sure that this is indeed occurring. You have no duty to warn co-workers when the threat is only a presumption - and based on what I understand about HIV - that is what it seems to be (exception the above.)

I do feel that PC-ness affects our ability to deal rationally with this condition - however, the organizations representing individuals with HIV are very powerful with aggressive agendas. There is no good answer to this dilema.

Margaret Morford

Skyrocket raises a great question about a Bloodborne Pathogen Policy. If you don't have one, I have one I'll send you if you want it. I also have a Life Threatening Illness Policy I'll send you, which will cover HIV positive employees as well as those with other long term illnesses, like cancer. E-mail if you want either of these and I'll send them to you.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]