DEPARTMENT OF LABOUR. HIV & AIDS AND THE WORLD OF WORK A presentation on behalf of the Director General of Labour

Transcription

1 DEPARTMENT OF LABOUR HIV & AIDS AND THE WORLD OF WORK A presentation on behalf of the Director General of Labour

2 Table of contents Background Legislative mandate DOL employee health and wellness programs DOL inputs Overarching recommendations Way forward 2

3 Background What is the DoL involvement with the research project? 3

4 Background HSRC conducted an HIV and AIDS and the world of work initiatives study funded by GIZ, in 10 African countries, including RSA with the main aim of establishing what works best in implementing different programmes. 66 companies took part in the study and 6 of these companies were from RSA. The Minister requested that that more companies should be included in a similar study. HSRC drafted project plan in 2015/16 to reach 50 companies with HIV and aids workplace programmes. 4

5 Background The Department strives for a labour market conducive for Investment, Economic Growth, Employment Creation and Decent Work This is attained through various pieces of legislation and policies that are developed in consultation with our social partners such as Occupation Health and Safety Act(OHSA) Compensation for Occupational Injuries and Diseases Act(COIDA) Employment Equity Act(EEA) Guidelines, Regulations and various Codes of Good Practice Compliance to these policies are inspected and enforced if there is non-compliance. 5

6 Legislative Mandate How the legislative framework support the Recommendations of the study

7 Occupational Health and Safety Act DoL has a mandate to protect workers against occupational diseases and injuries caused by exposure to workplace hazards. This mandate is obtained through the OHSA and its regulations. Section 8 of the OHSA place the onus on employers to provide and maintain a working environment that is safe and without risk to the health of their employees. To ensure that worker health is protected the OHS Regulations requires that employees shall undergo medical surveillance or fitness for work examinations. Hazardous Biological Agents regulations promulgated in 2001 prevent exposure and diseases caused by HBA S( micro-organisms) 7

8 Compensation for Occupational and Diseases Act The COIDA main objective is to provide compensation for disablement caused by occupational injuries or diseases sustained or contracted by employees, or for death resulting from such injuries or diseases. HIV infection is an occupational diseases that the Compensation Fund accepts liability for as an occupational disease, if it is contracted out of and in the course of employment due to exposure to an HIV infected source in a workplace. Temporary, permanent disablement and medical aid benefits are payable 8

9 Employment Equity Act Section 2(a) of the EEA requires employers to promote equal opportunities and fair treatment in employment through the elimination of unfair discrimination. Section 6(1) of the EEA prohibits unfair discrimination against employees or job applicants on one or more grounds of personal or physical characteristics like race, gender, sex, pregnancy, HIV status, sexual orientation, etc. Code of Good Practice on HIV and AIDS and the World of Work and its Technical Assistance Guidelines of 2012 provide employers and employees with practical implementation guidelines and best practices on how to manage the impact of HIV and Aids in the world of work. 9

10 Employment Equity Act HIV and AIDS Dispute resolution mechanisms in the EEA Discrimination may be direct or indirect when a distinction, exclusion or preference is made on the basis of a direct reference to a person s HIV status. Section 10 of the EEA provides that any employee or job applicant that have been directly or indirectly discriminated against based on their HIV statusoraidsstatusmayrefertheirdisputetotheccmawithin6months for conciliation and arbitration or to the Labour Court for adjudication. Section 15 of the EEA provides that employers must eliminate unfair discrimination and promote inclusive workplaces to protect the rights of employees living with HIV and AIDS by developing and implementing workplace HIV and AIDS policies and programmes. 10

11 DOL Specific Programme on HIV/AIDS What we do as a an employer 11

12 HIV/AIDS DOL specific programme The department has an approved policy that guides the rolling out of HIV/AIDS programme Condom distribution programme& observation of Candle light memorial event Trained EHWP practitioners & peer educators/wellness champions to assist employees with referrals and support Awareness on sexual Transmitted infections (Sti`s) and commemoration of Condom week. Continuous engagements with employees on a monthly news letter on current related matters. i.e. substance abuse. These programs are based on the functional pillars of EHWP 12

13 A VISION FOR EHW A HEALTHY, DEDICATED, RESPONSIVE AND PRODUCTIVE PUBLIC SERVICE Functional Pillars of EHWP OCCUPATIONAL HEALTH Ensure Protection of Human Rights and improve social justice Sustain Health and Wellbeing Prevent New HIV, STIs and TB Infections Addressing social and structural drivers of HIV and TB prevention, Care and Impact Occupational Health Education and Promotion IOD & Incapacity Due to Ilihealth Mental Health/ Psychosomatic Illnesses Disease Management and Chronic Illnesses QUALITY OF WORK LIFE Occupational Health and Safety Management Environmental Management Risk and Quality Assurance Individual Wellness Physical Individual Wellness Psycho-Social Organisational Wellness Work Life Balance HIV, STIs and TB MANAGEMENT HEALTH AND PRODUCTIVITY MANAGEMENT Pillar 1 Pillar 2 Pillar 3 SAFETY, HEALTH, ENVIRONMENT, RISH AND QUALITY MANAGEMENT CORE PRINCIPLES INFORMING IMPLEMENTATIONOF HRD STRATEGY LEGISLATIVE FRAMEWORK AS A FOUNDATION Pillar 4 WELLNESS MANAGEMENT

14 Comments on Recommendations of the Study 14

15 1. Utilisation of internal and external service providers Mixed model has the advantage of utilising external and internal skill. It affords organisations who due to financial constraints might not have the luxury of appointing Health and Wellness Professionals the opportunity use of external service providers at a fraction the cost of creating and filling positions. 2. Utilisation of wellness approach incorporating it to existing statutory health programmes. In terms of the OHS Regulations, employees exposed to workplace stressors that can cause occupational diseases must undergo medical surveillance and biological monitoring to be declared fit for duty. Employers that have onsite medical facilities are better equipped in providing a comprehensive health services which included medical surveillance, primary health care and EHWP 15

16 3. Strategic partnerships Government, organised business and organised labour should form partnerships to ensure the implementation of various Health and Wellness Programmes including HIV and AIDS. NEDLACwhich is platform where social partners meet can play a meaningful role in this process 4. Workplace to become centres of health The department supports this recommendation that all essential health services are made available in the workplace, which will assist in reducing employee turnover, presenteeism, boost employee morale and therefore increase productivity. Department of Health canplay an important role in this area 16

17 5.Multi-Sectorial Approach HIV and AIDS programs requires various stakeholders within NEDLAC and professionals to be involved to bring about solutions to prevent the spread, stigma and discrimination associated with it. 6.Cluster approach for SME s This approach should be tabled at NEDLAC which includes representatives of organised business,labour Federations and community representatives. 7.Peer Involvement Core to ensuring health and wellbeing of employees is the utilisation of peer educators, or wellness champions. Their role as indicated in the recommendation is to ensure that there is reasonable uptake of and participation in wellness and HIV programmes in the workplace. Fundamentally what employers must ensure is that peer involvement cuts across all levels of employment, and that they are well capacitated to carry out the mandate. 17

18 8.Return on investment. Employers who invest in functional and resourced wellness and HIV and AIDS programmes enjoy return on such an investment. Leads to a productive workforce, reduced incidents, improved employee morale, reduced absenteeism and turnover. Employers must develop a business case for their wellness, HIV and AIDS programmes, which will guide the direction on how it should be implemented. 9.Monitoring and Evaluation Employers can leverage on wellness data to develop workplace programs however the data should be obtained with written consent from the employees. Monitoring of the effectiveness of programs are essential and will assist in continuous improvement 10. Motivation for change Part of ensuring success, uptake and employee participation in the wellness programme is the utilisation of incentive packages geared towards health seeking behaviour. The use of motivational packages ensure sustainability and it brings fun and enthusiasm in employees partaking in wellness programmes. 18

19 Way forward The Report would have to be formally presented to the Minister of Labour, the DOL, relevant government clusters and the social partners. Where legislation or policies require strengthening and improvement to incorporate the recommendations of the report, social partners at NEDLAC will be involved 19

20 Thank You