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PA Bulletin, Doc. No. 97-543

THE GOVERNOR

PART I.  GOVERNOR'S OFFICE

[4 PA. CODE CH. 7]

[EXECUTIVE ORDER 1996-12]

[27 Pa.B. 1785]

Workplace Policy for HIV/AIDS

December 20, 1996

   Whereas, the number of Pennsylvanians directly and indirectly affected by HIV infection and AIDS continues to grow, touching every segment of the population; and

   Whereas, the Commonwealth of Pennsylvania is devoting significant resources and energies in the fight against HIV and AIDS; and

   Whereas, the Human Immunodeficiency Virus (HIV) that causes AIDS is transmissible from person to person only in limited ways and is not transmissible through casual contact; and

   Whereas, currently there is no known cure for HIV/AIDS, available treatments have limited effect on the course of the disease, and the scientific community has found that HIV/AIDS is a chronic fatal disease; and

   Whereas, personal behavior changes and education, as well as the use of safe practices known as ''universal precautions'' when coming in contact with blood and body fluids, are the best means currently available to prevent transmission of HIV; and

   Whereas, other diseases related to HIV/AIDS, such as tuberculosis, are a significant workplace concern; and

   Whereas, State employes must be prepared to work effectively with members of the public, clients, and coworkers with HIV or AIDS.

   Now, therefore, I, Thomas J. Ridge, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby order and direct as follows:

Annex A

TITLE 4.  ADMINISTRATION

PART I.  GOVERNOR'S OFFICE

CHAPTER 7.  MISCELLANEOUS PROVISIONS

Subchapter FF.  WORKPLACE POLICY FOR HIV/AIDS

Sec.

7.431.Overall HIV/AIDS and related disease workplace policy.
7.432.Detailed provisions of the HIV/AIDS and related disease workplace policy.
7.433.Agency HIV/AIDS policies.
7.434.Rescission.

§ 7.431.  Overall HIV/AIDS and related disease workplace policy.

   (a)  It is the policy of this administration to provide a nondiscriminatory environment that addresses the needs of persons with HIV/AIDS, takes steps to reduce the spread of HIV and ensures a safe working environment for staff who work with persons with HIV/AIDS.

   (b)  A person with HIV or AIDS shall be treated with respect and dignity and not to be denied any government service due to the person. State agencies, consistent with the services they provide, shall take steps to address the HIV/AIDS epidemic, including educating employes on the disease and working with clients on behavior changes that reduce the chance of transmission of HIV and related diseases. State employes and persons served by the Commonwealth may not be discriminated against on the basis of their actual or perceived HIV or AIDS status. This prohibition is reaffirmed by the Americans With Disabilities Act of 1990 (42 U.S.C.A. §§ 12101--12213) and the Pennsylvania Human Relations Act (43 P. S. §§ 951--963). The confidentiality of persons with HIV/AIDS shall be protected by State agencies.

   (c)  Commonwealth agencies shall take steps to minimize the chances of on-the-job exposure to HIV through procedures known as universal precautions. These steps also will reduce the chance of transmission of other diseases which are spread through blood or body fluids, such as Hepatitis B.

§ 7.432.  Detailed provisions of the HIV/AIDS and related diseases workplace policy.

   (a)  Individuals or State employes with HIV infection or AIDS, or perceived to have these conditions, will not be discriminated against with regard to State services and with regard to appointment, transfer, promotion or other employment action. The Americans With Disabilities Act of 1990 (42 U.S.C.A. §§ 12101--12213) and the Pennsylvania Human Relations Act (43 P. S. § 951--963) prohibit this discrimination, as does section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794), The Civil Rights Restoration Act of 1987 (P. L. No. 100-259) (102 Stat. 28) and recent court decisions.

   (b)  No current or prospective State employe will be required to receive an HIV or AIDS antibody test, or other diagnostic test associated with HIV/AIDS, or reveal the results thereof as a condition of employment unless Federal or State law or regulations require this disclosure.

   (c)  State employes with HIV infection or AIDS may continue in their current jobs and work assignments as long as their health permits. If an employe with HIV/AIDS is unable to carry out essential job functions because of the illness, the employe will be afforded the same considerations as any other employe whose disability prevents the performance of essential job functions. Because of the episodic nature of secondary illnesses which affect persons with HIV/AIDS, employes may request reasonable accommodations which allow them to continue to work with their disability. These requests should be honored to the extent practicable, consistent with The Americans With Disabilities Act of 1990 and the Commonwealth Personnel Rules. State employes with HIV or AIDS who request a transfer or reassignment because of their medical condition should have these requests considered, consistent with agency needs.

   (d)  Managers, supervisors and employes should be given the name of a contact person within their agency who will operate as the agency HIV/AIDS coordinator providing information and assistance on HIV/AIDS-related issues and questions.

   (e)  Agencies will provide ongoing education and information to employes on HIV/AIDS and related diseases. Effective education should result in improved services to the public and reduced chances of transmission of disease in Commonwealth work settings. Education should be ongoing to reinforce earlier efforts and reflect new information. Of particular concern is education for those State employes who provide health care and counseling to clients at risk for HIV, those in law enforcement and criminal justice, and those who make or advise on policy decisions concerning HIV/AIDS and related diseases.

   (f)  Federal guidelines for protection against exposure to blood and body fluids shall be adopted by Commonwealth agencies. These guidelines are issued by the United States Public Health Service, Centers for Disease Control and Protection (CDC). Agencies shall take steps to ensure that staff who have the potential to be exposed to blood or body fluids implicated in the transmission of HIV follow specific Federal guidelines.

   (g)  State employes wanting more information on HIV/AIDS should contact their agency HIV/AIDS coordinator or personnel office. Additional information can be obtained from the Department of Health HIV/AIDS Factline, State and other public health centers, and local HIV/AIDS support groups. State employes wanting an HIV or AIDS antibody test should be referred to the Department of Health's testing centers.

   (h)  If an HIV or AIDS antibody test is desired by an employe because of a documented incident in the workplace, the test can be conducted during paid work hours and if there is a charge, costs will be reimbursed by the Commonwealth. The testing and reimbursement will be in accordance with the employing agency's work-related incident policies and procedures.

   (i)  HIV and AIDS-related information on State employes, dependents and clients shall be handled with strict confidentiality by agencies. Employe records that include HIV/AIDS-related information may not be filed in the Official Personnel Folder. Supervisory and management staff shall assure confidentiality when handling HIV/AIDS-related information, whether regarding employes or in the course of providing agency services. Agencies shall follow the Confidentiality of HIV-Related Information Act (35 P. S. §§ 7601--7612).

   (j)  The Secretary of Administration is responsible for updating and providing detail on the overall HIV/AIDS workplace policy for the Commonwealth and for coordinating education efforts for employes and contractors of State agencies on HIV/AIDS and related diseases. The Secretary of Health is responsible for establishing overall public health policy for the Commonwealth regarding HIV/AIDS and related diseases and for informing Commonwealth agencies of Federal and State public health requirements and guidelines for preventing transmission of HIV and related diseases in the workplace.

§ 7.433.  Agency HIV/AIDS policies.

   State agencies that develop individualized workplace policies on HIV/AIDS or related diseases, either centrally or for field facilities, should ensure that their issuances are consistent with Commonwealth policy. These policies are to be approved, in writing, by the Secretary of Administration and Secretary of Health before issuance.

§ 7.434.  Rescission.

   Executive Order 1989-5, AIDS Workplace Policy, is rescinded.


Governor

[Pa.B. Doc. No. 97-543. Filed for public inspection April 11, 1997, 9:00 a.m.]


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