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Before you test your employees for HIV, here's the one document you MUST have on file

by , 04 November 2014
Because of the rate of HIV in South Africa you always have to be careful, especially in your workplace.

And that means, you have to protect your employees from this disease as part of your legal health and safety requirements.

To do this, you may want to test your employees for the disease to determine who's a threat.

But you can't just demand your employees under go the test.

You first have to have this document on file...


DON'T test your employees for HIV if they haven't seen and signed this document 

You must have a signed 'Informed consent to test for HIV' form if you want to test your employees. You must give them this form and get them to sign it to prove they gave you their consent to test them.
Otherwise, your employees could threaten you with legal action at the CCMA.
And remember, if one of your employees refuses to sign the form, you can't punish him for it. Rather counsel your employee and see if you can find out why he doesn't want to consent to testing.
To ensure your consent form is legally binding, it must include these four clauses.
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Do you want to be fined, jailed or have a criminal record for life?
If an accident occurs in your workplace, and the person dies, you could be charged with culpable homicide, charged penalties of R100 000 or 2 years in jail! The CEO or Owner of a company is personally accountable for health and safety at work. 

Include these four clauses in your 'consent to HIV testing' form so it's legally binding

1. I understand that a qualified medical practitioner will discuss the result of the test, and the consequences of the result with me.
2. I understand that my HIV- status is confidential, and may not be disclosed to anybody else without my expressed informed consent.
3. I understand that my HIV- status may not lead to unfair discriminatory practices at work.
4. I understand that the results of this test may be used by qualified medical personnel to design a management plan to address the risk of an incident of exposure to bodily fluids at work, in which I was involved.
If your employees sign the consent form, you can test them without legal backlash and come up with a plan to protect your workforce from this killer disease.
Check out the Health and Safety Advisor for more on dealing with HIV in your workplace. 

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