To provide guidance and facilitate understanding of the human immunodeficiency virus (HIV) and the acquired immunodeficiency syndrome (AIDS) in the workplace.
In most work environments in the Public Service, employees with HIV infection or AIDS do not pose a health risk to others. As with other serious illnesses and disabilities, these employees are encouraged to remain productive as long as they are able. They must not be subject to discriminatory practices.
Employees of the Public Service are not required to undergo mandatory tests for HIV infection.
The policy applies to all departments and other portions of the Public Service listed in Part I of Schedule I of the Public Service Staff Relations Act.
Departments must ensure that
Treasury Board Secretariat will monitor departmental performance by:
Access to Information policy, Treasury Board.
Privacy and Data Protection policy, Treasury Board.
Policy Guide: Access to Information Act and Privacy Act, Treasury Board Secretariat, 1992.
Harassment in the Workplace policy, Treasury Board.
Disability Insurance Plan, Treasury Board.
Long–term Disability Insurance, Treasury Board.
Telework policy, Treasury Board.
Security policy and standards, Treasury Board.
Occupational Safety and Health policy, Treasury Board.
Employee Assistance Program Policy, Treasury Board.
Dangerous Substances directive, Treasury Board.
Occupational Health Evaluation standard, Treasury Board.
Personal Protective Equipment and Clothing Directive, Treasury Board.
Procedures for Accident Investigation and Reporting, Treasury Board.
Canada Labour Code, Part II
Canadian Human Rights Act
Constitution Act, 1982 (Canadian Charter of Rights and Freedoms)
Government Employees Compensation Act
Privacy Act
Public Service Employment Act
Public Service Staff Relations Act
AIDS and the Privacy Act, the Privacy Commissioner of Canada, 1989
The Human Rights Commission policy on AIDS, May 1988
"Bloodborne Pathogens in Health – Care Settings: Risk for Transmission", Canada Communicable Disease Report, Volume 18–24, Laboratory Centre for Disease Control, Ottawa, December 1992
"Update: Universal Precautions for Prevention of Transmission of Human Immunodeficiency Virus, Hepatitis B Virus, and Other Bloodborne Pathogens in Health – Care Settings", Canada Diseases Weekly Report, Volume 14–27, Federal Centre for AIDS and Laboratory Centre for Disease Control, Ottawa, July 1988
"Recommendations for Prevention of HIV Transmission in Health – Care Settings", Canada Diseases Weekly Report, Volume 13S3, Federal Centre for AIDS and Laboratory Centre for Disease Control, Ottawa, November 1987
AIDS in the Workplace – Risky Business, film by Health Canada, 1988
AIDS – A Summary of Occupational Health Concerns, 2nd edition, Canadian Centre for Occupational Health and Safety, Hamilton
Counselling Guidelines for Human Immunodeficiency Virus Serologic Testing, Canadian Medical Association, March 1993
Act Now: Managing HIV and AIDS in the Canadian Workplace, Canadian AIDS Society, 1991
Enquiries about this policy should be directed to the responsible officers in departmental headquarters, who, in turn, may seek interpretation from:
For specific interpretations or direct questions on:
Safety and health issues:
Staff relations issues:
For information and advice on HIV infection and AIDS, consult:
Acquired Immunodeficiency Syndrome (AIDS) (syndrome d'immuno-déficience acquise (SIDA)) - the terminal stage of a viral infection that affects the immune system, the body's natural resistance to disease. As a result, persons with AIDS are susceptible to life–threatening illnesses including rare forms of pneumonia, skin cancer and brain deterioration.
Casual contact (contact occasionnel) - activities that bring a person into contact with another person or a common object (such as shaking hands; hugging; being near someone who is coughing, sneezing or crying; touching common objects such as money, paper, doorknobs, telephones, or toilet seats; swimming in a public pool).
Employees with a potential risk (employés exposés au virus) - employees whose work brings them in contact with human blood or other body fluids. This includes healthcare workers such as nurses, doctors, dentists and laboratory workers; emergency and rescue personnel such as ambulance attendants, firefighters and first–aid attendants; and law enforcement personnel such as police officers and institutional guards. Consult references in this policy for other occupational groups.
Human Immunodeficiency Virus (HIV) (virus d'immuno-déficience humaine (VIH)) - the virus that leads to AIDS. Many people infected with HIV have few or no symptoms of illness.
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.
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:
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: