HIV/AIDS in the Workplace

WHAT

TVA considers Human Immunodeficiency Virus (HIV) infection and the associated secondary diseases the same as any other serious illness. Employees with any chronic illness, including HIV/Acquired Immune Deficiency Syndrome (AIDS), should be allowed to continue working as long as they are able to perform the essential functions of their positions and do not pose a safety or health threat to themselves or others in the workplace.

DEFINITIONS

AIDS is a complex of health problems caused by HIV which destroys the body’s natural immunity against diseases that are not otherwise a threat to most people. AIDS is manifested by increased susceptibility to opportunistic diseases such as tuberculosis, Pneumocystis carinii pneumonia, and to rare cancers, most notably Kaposi’s sarcoma.

AIDS Related Complex (ARC) is composed of a variety of signs and symptoms and is found in some persons infected with HIV in the absence of opportunistic infections. These may include chronic diarrhea, lethargy, lymphadenopathy, recurrent fevers, night sweats, unintentional weight loss, oral thrush and alterations in the immune system (less severe than those which accompany AIDS).

HIV is the retrovirus that causes AIDS. Specific testing is needed to detect the presence of HIV.

WHO

All employees are subject to these provisions.

WHY

TVA recognizes that the physical and mental well-being of its employees supports an effective and productive workforce.

HOW

Transmission

Medical research has determined that HIV is transmitted to others through high-risk intimate sexual contact, direct contact with infectious body fluids or blood products, contaminated syringes, tainted blood supplies, transfusion of infected blood or its components, or from an infected mother to her unborn child.

HIV has been isolated from blood, semen, saliva, tears, urine, cerebrospinal fluid, solid tissue and cervical secretions, and tissues from infected humans. Current medical research has determined that HIV cannot be transmitted by routine social or community contact; office equipment such as telephones, showers, or water fountains shared at work; eating facilities; or by nonintimate skin-to-skin contact.

Definitive Diagnosis Of An HIV Infection

Special testing is needed to detect the presence of HIV. Following an occupational exposure to blood or other potentially infectious materials, post-exposure testing for HIV is provided by TVA Occupational Health(in accordance with OSHA Bloodborne Pathogen Standard 29 CFR 1910.1030). If preliminary testing is suggestive of HIV infection, the employee will be referred to an infectious disease specialist for further testing and definitive diagnosis.

Ability To Work

TVA’s Occupational Health organization, not supervisors, is responsible for determining if an employee meets the medical requirements to work. The medical determination may take the form of “Conditionally approved provided management determines that the following medical constraints can be observed.” Medical constraints for an HIV-infected employee may relate to special considerations for protection of the employee, e.g., against exposure to other infections. Medical constraints also may relate to reduced capacity to perform, e.g., limited strength or endurance. In either case, management is responsible for making reasonable accommodations for the employee’s medical constraints to the same extent they accommodate medical constraints for applicants or employees with other health conditions. If management determines that the medical constraint cannot be accommodated, employment or return to work may be refused on that basis.

A medical determination of “Not Approved” for duty may be warranted when an employee with AIDS is in an active (deteriorating) state or has an associated impairment (such as tuberculosis or pneumonitis) and employment would cause an increased risk to the employee, to coworkers, or to the public.

If an HIV-infected employee is approved for duty or is conditionally approved and management determines that the applicable medical constraints can be accommodated, the employee is treated in the workplace the same as any non-HIV infected employee who is similarly situated.

Reasonable Accommodations

Employees who are HIV-infected and other chronically ill employees who are disabled are entitled to coverage under the Federal Rehabilitation Act of 1973, as amended. These employees are entitled to reasonable accommodations to enable them to perform the essential functions of their positions. Accommodations that management may want to consider include, but are not limited to, job restructuring, job sharing, job reassignment, and other similar actions.

Privacy And Confidentiality

Medical information about employees who are HIV-infected is covered by the Privacy Act and is handled in the same confidential manner as other medical information in TVA.

An employee’s health condition is personal and confidential. HIV-infected employees have understandable concerns over confidentiality and privacy about medical documentation and other information related to their condition.

Precautions must always be taken to protect information regarding an employee’s health condition. It is inappropriate to report disclosures to other upper-level supervisors unless there is a “need to know” in the performance of their duties.

Leave And Other Benefits

HIV-infected and other chronically ill employees may be granted sick leave, annual leave, or leave without pay when they are incapable of performing their duties or when they have medical appointments. They may also be eligible for family leave as well as to participate in the leave transfer program.

These employees may continue their coverage under TVA’s insurance and benefit plans the same as other employees. In addition, these employees may be eligible for disability retirement if their medical condition warrants and they meet other eligibility requirements of the TVA Retirement System, the Civil Service Retirement System, or the Federal Employees’ Retirement System, as appropriate.

Employee Conduct

There may be situations where fellow employees express reluctance or threaten refusal to work with HIV-infected employees. Supervisors should deal with the situations through information, counseling, and other similar means. If not corrected, appropriate disciplinary action should be taken. In addition, if an HIV-infected employee has performance or conduct problems, the problems should be addressed through appropriate counseling and, if necessary, disciplinary action. Coworkers have the same work-related responsibilities and rights with respect to the HIV-infected employee as they have in relation to a person with any other disease. Supervisors are to be sensitive and responsive to coworkers’ concerns. However, they are to ensure that mistreatment, harassment, malicious gossip, or hurtful actions in the workplace are not tolerated.

Health And Safety Standards

TVA’s Exposure Control Plan, published by TVA’s Occupational Health organization, describes TVA’s plans to control the exposure of its employees to blood or other potentially infectious body materials.

Training

Up-to-date HIV/AIDS workplace information and training programs are available for all TVA employees.

ROLES

Employees

Participate in TVA’s HIV/AIDS workplace training.
Treat HIV-infected coworkers with respect

Human Resource Managers/Officers

Participate in TVA’s HIV/AIDS workplace training.
Answer questions from employees and supervisors related to employees with HIV/AIDS and other chronic illnesses.

Supervisors/Managers

Participate in TVA’s HIV/AIDS workplace training.
Ensure that employees with HIV/AIDS and other chronic illnesses are reasonably accommodated in the workplace.
Ensure that these employees are not harassed or mistreated by coworkers.
Answer questions from HIV-infected employees as well as coworkers.

Corporate Human Resources

Advise human resource officers on issues related to employees with HIV/AIDS.

Occupational Health

Perform medical examinations to determine if the employees are medically able to perform the assigned duties without undue risk to themselves, to coworkers, or to the public.
Provide counseling to employees who have chronic illnesses or are HIV-infected and to others who have personal concerns about these illnesses.
Refer employees to an infectious disease specialist for further testing and definitive diagnosis if post-exposure testing following an occupational exposure is suggestive of HIV infection.
Provide available external resources related to HIV/AIDS and other chronic illnesses, when requested.

RESOURCES

Human Resource Managers/Officers
TVA’s Occupational Health Organization
EAP 24-Hour Crisis Hotline - 800/252-2701
EAP Counselor

Last Revised 07/2001