The Federation of Kenya Employers has been committed to the fight against HIV/AIDS pandemic since 1988 when it issued its first Guidelines on HIV/AIDS in the Workplace. In 1993 the Federation in conjunction with the Ministry of Health's National AIDS Programme issued a pamphlet entitled "HIV/AIDS in Kenya - The Socio-Economic Impact" which provided employers with epidemiological status report on HIV/AIDS up to that time and which also suggested general preventive guidelines on HIV/AIDS. On 5th September, 2000, the FKE issued its Code of Conduct on HIV/AIDS in the Workplace in which it re-affirmed its commitment in the fight against the pandemic.
1.2 In October, 2000, the Federation was designated by the National AIDS Control Council as a focal point in the fight against AIDS in the Workplace under a GOK/UNDP programme. Since then, the Federation has set up a broad-based HIV/AIDS Advisory Committee to implement the FKE AIDS Education Programme and has embarked on a series of programmes under the project. The FKE has also incorporated HIV/AIDS prevention and management into its regular training programme.
1.3 There is fear and stigma surrounding HIV infections/Aids, especially in the workplace where workers are in constant contact with one another and have to live with fear of getting infected at any time. Such stigma and fear do not augur well for industrial relations in the workplace, and tend to impede efficiency by souring inter-personal relations thus hindering productivity.
1.4 It is therefore essential to have a code of conduct on HIV/AIDS in the work place.
1.5 It is also important that all workers have access to information pertaining to HIV infections and AIDS, particularly on causes, symptoms and preventive measures. It is even more important that managers be made aware of these facts, which will enable them to handle problems arising from cases of HIV infections/AIDS in the workplace effectively
L6 The objective of this Revised Code of Conduct, 2001 on HIV/AIDS in the Workplace therefore are:-
1.6.1 To mobilize employers in the fight against HIV/AIDS pandemic in the Workplace;
1.6.2 To protect the human rights and dignity of HIV/AIDS infected workers;
1.6.3 To avoid discrimination against those workers infected with the HIV virus.
1.6.4 To foster a spirit of understanding and compassion for HIV/AIDS infected workers;
1.6.5 To ensure the confidentiality of HIV-testing and promote the availability of confidential counseling and testing based on informed consent and to provide other support services to the HIV positive victims in the Workplace;
1.6.6 To ameliorate the economic impact of HIV/AIDS on enterprises; and
1.6.7 to up-date the 2000 FKE Code of Conduct in the workplace in the light of practical realities encountered by employers in the implementation of the Code.
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EPIDEMIOLOGICAL STATUS OF HIV/AIDS
1.1 It was estimated that 36.1 million people were living with HIV/AIDS in the world as at the end of 2000
1.2 Out of this number, 25.3 million were in Sub-Saharan Africa, 1.24 were in Europe, 2.7 in the Americas, 6.4 in Asia and the rest in Australia and Middle East.
1.3 In Kenya, 2.5 million adults were living with HIV/AIDS by the end of 2000 and 1.5 million people had died from AIDS between 1984-2000, with the daily aids related deaths ranging between 600-700.
1.4 The number of AIDS orphans in Sub-Saharan Africa was estimated at about 12.1 million, out of which 1.5 million were in Kenya as at the end of 2000, up from 860,000 in 1999.
2. FACTORS HAMPERING THE FIGHT AGAINST HIV/AIDS IN THE WORKPLACE
2.1 The culture of denial.
2.2 Ignorance about the causes of AIDS amongst workers with some attributing HIV/AIDS to witchcraft or to a curse arising from a breach of some family or communal taboos by the victims of HIV/AIDS.
2.3 Lack of access to medical treatment because of low incomes amongst the majority of the working population.
2.4 Unaffordable anti-retroviral drugs.
2.5 Lack of commitment by some employers to assist their employees to cope with the ravages of HIV/AIDS.
2.6 The tendency amongst employees not to reveal their sero-positive status for fear of either losing their jobs or rejection by their work colleagues.
2.7 Sharing cramped living quarters in urban areas
2.8 Inadequate employee housing amongst rural employers.
2.9 Non-availability of drugs in Government hospitals.
2.10 Lack of vigorous and sustained campaign on HIV/AIDS by employers.
2.11 Inadequate occupational and health programmes and facilities in some enterprises.
3. THE IMPACT OF HIV/AIDS ON ENTERPRISES The impact of HIV/AIDS on enterprises includes:
3.1 Loss of human capital, especially skilled and high-level professionals.
3.2 Loss of production capacity as a result of HIV/AIDS related absenteeism.
3.3 High staff turnover.
3.4 High training and replacement costs.
3.5 High employee healthcare costs.
3.6 High social security and employee welfare costs, such as funeral expenses.
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4. ISSUES IN POLICY DEVELOPMENT FOR AIDS-EDUCATION AND PREVENTION PROGRAMMES IN THE WORKPLACE
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In the majority of occupations or occupational settings, work does not involve the risk of acquiring or transmitting HIV amongst the workers (whether through hand shaking, sharing eating and drinking utensils, sitting or standing in close proximity e.g. bodily searches, hugs/embraces, or through insect bites, food, water, toilets, swimming pools, or such items as office furniture, telephones or secondhand clothing, etc) from worker to client or from client to worker. However, as it has already been mentioned, there is need to allay fears and dispel the wrong notions surrounding HIV/AIDS at the workplace through adequate provision of information, voluntary testing, educational and counseling programmes.
4.1 Employment Screening
4.1.1 Any employment screening for HIV/AIDS shall be in compliance with the ILO Convention No. III on Discrimination (Employment and Occupation) 1958 and the principles developed by the ILO/WHO consultation on HIV/AlDS in the workplace held in Geneva from 26th - 29"' June, 1988, i.e.
The protection of human rights and dignity of HIV infected workers.
Avoidance of discrimination in relation to workers living with HIV.
4.1.2 Pre-employment Screening
Pre-employment HIV screening as part of the assessment of fitness to work is unnecessary and should be avoided except in respect of persons required or permitted to take care of children or to handle any food or food utensils intended for consumption or use by any person other than the person employed as provided for under Section 47 of the Public Health Act, Cap. 242 (The Laws of Kenya Revised, 1986). Such screening may be direct (HIV testing) or indirect (assessment of risk behaviors) or by questions about HIV tests already taken.
4.1.3 Sentinel Surveillance Testing
Sentinel surveillance testing may be carried out provided that the information is kept confidential by the medical personnel so that the identities of the tested individual employees are not released to the employer without the informed consent of the employees and information obtained from such testing may only be used anonymously for statistical purposes.
4.1.4 Screening for Life or Medical Insurance Purposes
It is noted that insurance companies normally require HIV screening as a condition for life insurance and/or medical insurance. If the HIV status is required for medical and/or life insurance schemes under the rules of such schemes as determined by insurance companies or medical health providers, then HIV screening may be undertaken, with the informed consent of the employee who should have the option not to join such schemes without losing his/her employment: provided employers may, where feasible, consider limited self-sponsored medical schemes for such employees.
4.2 Confidentiality
All medical information, including HIV status must be maintained under strict confidentiality.
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4.3 Informing the Employer
There should be no obligation on the part of the employee to inform the employer about his/her ‘sero-positive status’
4.4 Protection of the Employee from stigmatization and discrimination
Infected workers, or those perceived to be infected with the HIV virus must be protected from stigmatization and discrimination by co-workers, trade union leaders, managers or clients. To ensure this protection, information and education are essential to maintain a conducive atmosphere of mutual understanding.
All measures should be undertaken by the employer to eliminate any possibility of exposure of workers to blood or body-fluid of their sero-positive colleagues in the course of their work.
4.5 Access to HIV/AIDS Services for Employees
Employees and their families should have access to information and education programmes on HIV/AIDS, as well as to relevant counseling, voluntary testing and appropriate referrals.
4.6 Benefits
HIV-infected employees should not be discriminated against, including access to and receipt of standard pension, medical insurance or provident fund benefits and occupationally related benefits, e.g. Workmen's Compensation, even though most insurance policies in Kenya do not generally cover AIDS-related illnesses.
4.7 Reasonable Changes in Working Arrangements
HIV infection is by itself not associated with any limitation in fitness to work. If fitness to work is impaired by HIV-related illness, reasonable alternative working arrangements should be made for the affected employees.
4.8 Continuation of Employment Relationship
HIV infection is not a cause for termination of employment. As with many other illnesses, persons with HIV-related illness should be able to work as long as medically fit for available, appropriate work or until declared unfit to work by a registered medical practitioner.
4.9 First Aid
In any situation requiring first aid in the work place, precautions need to be taken to reduce
the risk of transmitting blood-borne infections, including serum as these precautions will be equally effective against HIV transmission.
4.10 Protective Devices
In those special occupational settings where there may be a potential risk of exposure of coworkers to HIV infection, management shall undertake specific awareness and training programmes, provide personal protective equipment and protective clothing, as well as institute specific operational procedures which will reinforce appropriate HIV infection control measures; and the employer should ensure that these procedures are strictly enforced.
S. STRATEGY
The Federation's strategy in combating the H1V/AIDS pandemic shall include the following:-
5.1 Supplying HIV/AIDS related information to employers from time to time, including pamphlets, video films and training materials, aimed at changing risky behavior of employees.
5.2 Mobilizing donor funding in the fight against HIV/AIDS.
5.3 Designing coping mechanism models for workers living with HIV/AIDS.
5.4 Collaborating with the Government and NGOs, which are running HIV/AIDS programmes in industry
5.5 Organizing Training and awareness Programmes incorporating the following features:
5.5.1 Training HIV/AIDS Education Programme "ANIMATORS" (HAEPA's) from amongst managerial cadre whose responsibilities would be to co-ordinate and propagate AIDS Education Programmes in member organizations.
5.5.2 Training "Peer Educators" from amongst the ordinary workers whose role will be to sensitize their worker colleagues on the nature, causes, transmission modes, prevention and management of HIV/AIDS. Efforts will be made to solicit the cooperation of HIV positive employees to provide 'live' testimonies on how to cope with the problem.
5.5.3 Encouraging employers to support national as well as community based HIV/AIDS programmes as a part of their social responsibilities.
5.5.4 Promoting social marketing of prophylactic devices such as condoms at the enterprise level so as to encourage their availability, affordability, and social acceptance, especially, amongst the high risk groups of employees.
5.6 Encouraging, amongst employees, early detection and treatment of suspected common STDs, such as Chancroid, Gonorrhea, Syphilis, Trychomonas, Vaginalis and others so as to limit the rate of infection per sexual contact.
5.7 Promoting adoption of policies and programmes that facilitate the availability of affordable anti-retroviral drugs at the enterprise level in order to contribute to the reduction of the viral load.
5.8 Promoting proper use of anti-retroviral drugs by medical practitioners to control emergence of resistance to these drugs.
5.9 Encouraging the insurance industry to offer medical insurance cover to those infected with HIV, as the cost of anti-retroviral drugs come down.
5.10 Ensuring ready access of sero-positive employees to palliative drugs for the treatment of AIDS-related opportunistic diseases, such as TB, Cryptococal meningitis (a fungal disease) and pneumonia in order to prolong the effective working lives of the infected workers.
5.1 Encouraging member organizations to adopt policies aimed at discouraging sexual harassment, especially aimed at blackmailing female employees to grant sexual favours to their male superiors who may be sero-positive.
5.12 Promoting Jua Kali operators and other self-employed persons to form trade associations through which they may access FKE intervention programmes on HIV/AIDS in the Workplace.
5.13 Promoting equal treatment of men and women in the workplace in respect of employment, remuneration, training and promotional opportunities in order to discourage risky behavior amongst women workers who may be disadvantaged by any form of social exclusion.
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5.14 Urging members to mainstream HIV/AlDS campaign into their Occupational Health and Safety Programmes.
5.15 Working with the Government and COTU (K) within the tripartite framework to support social welfare programmes catering particularly for the basic needs of aids orphans and the living spouses of former workers.
6. in observing the above-mentioned policy components, the employers stand to pin as
follows: -
6.1 Prevention of disruption in the workplace.
6.2 Avoidance of costly litigation by wrongfully dismissing HIV-positive employees.
6.3 Establishment of consistent and standard company guidelines.
6.4 Reduced healthcare costs.
6.5 Enhanced employer/employee relations.
6.6 Promotion of a responsible public image.
6.7 Maintenance of high worker productivity.
6.8 Protection of employee welfare.
7. SOURCES OF INFORMATION
Employers may obtain additional information on the HIV/AlDS pandemic from the following
sources:
I Federation of Kenya Employers, P. 0. Box 48311, NAIROBI
Tel: 720242/62/93/0170 or 721929/48/49/52
Fax: 721990/712299
E-Mall: [email protected]
2. The Kenya National AIDS Control Council,
P. 0. Box 19361,
NAIROBI
Tel: 715109/711261
Fax: 711072/711231
3. Their Company Doctor.
4. The nearest Hospital or Health Clinic.
