AIDS/HIV Policy

Policy Statement

This home agency is committed to equality of opportunity and to eliminating discrimination in both its employment processes and service delivery. It is also committed to protecting and promoting the health of its employees and of its service users and their relatives and visitors.

{{org_field_name}} recognises that AIDS (Acquired Immune Deficiency Syndrome), caused by the HIV (Human Immunodeficiency Virus), is a health issue that has attracted widespread publicity, much of which is often misinformed. It is therefore necessary for people to be informed of the facts and where to turn for advice. To this end this policy has been developed for the benefit of both staff and service users.

{{org_field_name}} will ensure that its policy challenges erroneous assumptions about AIDS/HIV infection and ensures that both its employees and service users who suffer from AIDS/HIV infection are not discriminated against and are treated with dignity and fairness. Therefore, this home agency will regard AIDS in the same way as any other serious illness.

Background to AIDS/HIV

AIDS is caused by a virus known as HIV which attacks the body’s natural defence system and leaves it vulnerable to infections and cancers. Not all individuals who become infected with HIV will necessarily develop AIDS but, at present, those who do develop AIDS will eventually die from their illness.

HIV infection is mainly transmitted by unprotected sexual intercourse with another person who has the virus. Other routes of infection occur only in certain high risk groups, eg drug users sharing infected needles or transmission from an infected mother to her baby. There is no evidence that the virus is transmitted by any other route. Normal social and employment contact with an infected person is safe for both employees and service users as HIV is not spread through this kind of contact. Standard infection control procedures are necessary to prevent complications arising through procedures such as applying dressings or giving injections. Standard infection control procedures are necessary to prevent complications arising through procedures such as applying dressings or giving injections.

Legal Considerations and Statutory Guidance

The home agency should adhere to the following relevant legislation.

The Health and Safety at Work, etc Act 1974 and the Public Health Infectious Diseases Regulations 1988, which place a duty on the home to prevent the spread of infection.
The Reporting of Incidents, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), which places a duty on the home to report outbreaks of certain diseases as well as accidents such as needle-stick accidents.
The Environmental Protection Act 1990, which makes it the responsibility of the home to dispose of clinical waste safely.
The Equality Act 2010 which makes it illegal to discriminate on the basis of disability.

The home agency understands that, according to the Equality Act 2010, it is unlawful to discriminate against disabled persons, including those with AIDS or HIV infection, in any area of employment. Furthermore, the home agency understands that the law applies both to staff who are showing symptoms of their infection and those that do not. The Act protects people with progressive conditions against disability discrimination from the point at which symptoms have begun to have some adverse effect on a person’s ability to carry out normal day-to-day activities.

Department of Health Guidelines

This home agency understands that according to Department of Health guidance (HIV Infected Health Care Workers: Guidance on Management and Patient Notification, Department of Health 2005) only clinical staff who perform, or who may be expected to perform, Exposure Prone Procedures must inform their employer if they suspect that they may be infected with HIV. In such circumstances they must cease all such activity and seek expert advice from a specialist occupational health practitioner about modifications or limitations to their work practices. The guidance defines Exposure Prone Procedures as those where there is a risk that injury to the worker may result in the exposure of the patient’s open tissues to the blood of the worker, for example, where the worker is using needles or blades in an open wound.

In this home agency no such exposure prone procedures are performed.

However, all health care staff have a duty and responsibility under the Health and Safety at Work etc. Act 1974, Section 7, and a professional and ethical responsibility, not to endanger, by their acts or omissions, the health of other employees or those in their care.

Responsibilities of the Organisation Towards Staff

In this home agency, the following applies.

Care home staff should maintain and encourage an understanding attitude towards people with HIV/AIDS and prevent victimisation or discrimination against colleagues or service users with HIV infection.
There will be no discrimination in recruitment against applicants internally or externally on the grounds that the applicant has HIV or AIDS and applicants who are deemed to be medically fit at the time of interview will not be rejected an offer of work because of AIDS.
Medical fitness will be determined through the normal recruitment process of requesting a medical and normal rules concerning sickness will be operated.
If it becomes known that an employee has AIDS, {{org_field_name}} will ensure that resources are available to provide adequate support and any reasonable arrangements or adjustments to enable work to be continued will be made on the grounds that to continue working may enable that person to maintain confidence and social contact and therefore fight AIDS with dignity.
No employee will be dismissed on the grounds that they have HIV infection or AIDS, or because they might be thought to be especially at risk. Where an employee becomes medically unfit to perform their duties they will be subject to current home agency sickness procedures.
Employees will only be redeployed to alternative employment at their own request and will not be prevented from continuing work, except where they are deemed not medically fit through the standard procedures.
Consideration will be given to requests for special leave by those who have responsibility for caring for people with AIDS related diseases.
No employee or applicant will be required to take the test for HIV antibody.
Any member of staff wishing to seek help regarding AIDS/HIV may do so through the head of home agency or their Trade Union Representative and will be assured of complete confidentiality. If disclosure of information about an individual who has HIV or AIDS is necessary, it will only take place after authorisation has been sought from the person concerned.

Responsibilities of Staff

Staff in the home have the following responsibilities.

Healthcare staff have a duty and responsibility under s.7 of the Health and Safety at Work, etc Act 1974, Section 7 and a professional and ethical responsibility, not to endanger, by their acts or omissions, the health of other employees or those in their care.
All health care staff are under an overriding ethical (and legal) duty to protect the health, safety and welfare of those in their care and should accordingly comply with this advice.
Healthcare staff who are involved in the clinical care of residents should seek medical and occupational advice if they believe they have been exposed to infection with HIV-infected healthcare workers. Staff must remain under close medical supervision and receive appropriate medical and occupational advice as their circumstances change.
HIV infected healthcare staff must not rely on their own assessment of the risk they pose to people but should promptly seek expert medical and occupational health advice.
There is no legal obligation for those staff who are infected with HIV, or who are suffering with AIDS or related conditions, to notify {{org_field_name}} of their condition. However, {{org_field_name}} would wish that all such staff did inform the manager so that appropriate confidential counselling, occupational health and staff support mechanisms can be put into place where required.

All staff should be aware that it is a criminal offence to dispose of dangerous and potentially infected waste in such as way as to pose a risk to others. This includes clinical waste and potentially infected sharp items such as needles and scalpel blades.

Service Users

In this home agency:

no service user will be denied a service place in this home because he/she has AIDS or is antibody positive
{{org_field_name}} will regularly review all of its relevant practices and procedures to ensure that all users of services and all employees are adequately protected against HIV infection.

Needlestick Injuries Involving HIV

Any needlestick injury involving blood from a potentially HIV infected source should be dealt with according to the agency’s home’s policy on needlestick injuries contained within the Disposal of Sharps Policy. In the event of an injury with a used or potentially contaminated needle staff should do the following.

Wash the area immediately and encourage bleeding if the skin is broken.
Apply a dressing.
Report to the home duty manager immediately and fill in an incident form.
Report immediately to a GP, Occupational Health Department or to an Accident and Emergency department.

There is a legal requirement under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) to report all occupationally acquired needlestick injuries involving significant exposure to HIV positive material, to the Health and Safety Executive.

Confidentiality

Should the fact become known that an employee or receiver of services has the HIV virus then strict confidentiality will be maintained. Deliberate breaches of confidentiality will be made a disciplinary offence after normal consultative procedures.

Counselling

{{org_field_name}} recognises the important role of a counselling service for those who have AIDS or are antibody positive. For reasons of confidentiality and impartiality, {{org_field_name}} believes that this service should be provided by an external organisation. A co-ordinated approach to advice and counselling to those worried about HIV infection will however be developed between {{org_field_name}} and non-statutory organisations, social workers, GPs and other relevant workers or groups.

Training

In recognition that the fears and prejudices in relation to AIDS need to be addressed, a clear strategy of training and education must be developed including the production and presentation of material to help overcome negative reactions. This should be intended to overcome unfounded fears and prejudices, to promote good health and safety practices, to increase awareness of the necessary personal precautions and to promote awareness of the policy.

Infection control and AIDS/HIV should be included in the induction training for all new staff. All new clinical staff should be made aware of this protocol in their induction and all existing staff should be offered a regular refresher course in infection control and injection techniques.

Members of staff holding management posts will be expected to attend training courses on AIDS/HIV since they may be the first point of contact for those suffering from AIDS or HIV infection. In-house training sessions should be conducted at least annually and all relevant staff should attend. All staff should be made aware of the importance of the correct disposal of sharps and of clinical waste and of the part they play in the infection control process.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next Review Date: {{next_review_date}}

WCH12. AIDS/HIV