MINISTRY OF LABOUR HUMAN SERVICE AND SOCIAL SECURITY Neville Nichols Occupational Safety and Health...

MINISTRY OF LABOURMINISTRY OF LABOURHUMAN SERVICE AND HUMAN SERVICE AND

SOCIAL SECURITYSOCIAL SECURITY

Neville NicholsNeville NicholsOccupational Safety and Health Occupational Safety and Health

Officer - GuyanaOfficer - Guyana

HIV/AIDS IN THE WORKPLACE

Ministry of Labour – GuyanaMinistry of Labour – GuyanaHIV/AIDS ProjectsHIV/AIDS Projects

ILO/USDOL/GOG HIV/AIDSILO/USDOL/GOG HIV/AIDSWorkplace Education and Prevention Workplace Education and Prevention ProgrammeProgramme

Ministry of LabourMinistry of LabourHuman Services and Social Security/UNAIDS Human Services and Social Security/UNAIDS (MOLHSSS/UNAIDS)(MOLHSSS/UNAIDS)

ILO/USDOL/GOG HIV/AIDSILO/USDOL/GOG HIV/AIDSWorkplace Education and Workplace Education and

Prevention ProgrammePrevention Programme Strategic HIV/AIDS Responses by Enterprises Strategic HIV/AIDS Responses by Enterprises

(SHARE) Project(SHARE) Project One of the most comprehensive programme in the One of the most comprehensive programme in the

Caribbean RegionCaribbean Region Relies on a Tripartite Approach - Government, Relies on a Tripartite Approach - Government,

Employers and Workers OrganizationsEmployers and Workers Organizations The primary objective is to prevent the spread of The primary objective is to prevent the spread of

HIV/AIDS in the workplace environment and reduce HIV/AIDS in the workplace environment and reduce the adverse consequences on society and economic the adverse consequences on society and economic development. development.

ILO/USDOL/GOG HIV/AIDSILO/USDOL/GOG HIV/AIDSWorkplace Education and Workplace Education and Prevention Programme Prevention Programme

SHARE Project ObjectivesSHARE Project Objectives Enhance workplace protectionEnhance workplace protection Reduce the HIV/AIDS risk behaviours among Reduce the HIV/AIDS risk behaviours among

employeesemployees Diminish employment-related discrimination Diminish employment-related discrimination

against PLWHAagainst PLWHA Ensure PLWHA employment is protected and Ensure PLWHA employment is protected and

facilities access to care, treatment and supportfacilities access to care, treatment and support


Prevention ProgrammePrevention Programme SHARE SHARE TargetsTargets enterprises in employment enterprises in employment

sectors such as Service, Manufacturing, sectors such as Service, Manufacturing, Forestry, Security services, Mining, Forestry, Security services, Mining, Hospitality, Banking and Agriculture.Hospitality, Banking and Agriculture.

ImplementationImplementation of SHARE is in close of SHARE is in close consultation with the Ministry, Employers and consultation with the Ministry, Employers and Trade Unions Trade Unions


Prevention ProgrammePrevention Programme SHARE worked with its partners to increase SHARE worked with its partners to increase

capacity building i.e. to improve the scope and capacity building i.e. to improve the scope and quality of the Intervention and is made quality of the Intervention and is made possible with the provision of technical possible with the provision of technical support support

Ministry of LabourMinistry of LabourHuman Services and Social Human Services and Social

Security/UNAIDSSecurity/UNAIDS

2005 - 2007: Work addressing HIV/AIDS as a 2005 - 2007: Work addressing HIV/AIDS as a workplace issue started through the UNAIDS workplace issue started through the UNAIDS funded HIV/AIDS Workplace Education funded HIV/AIDS Workplace Education Project with the Ministry of Labour, Human Project with the Ministry of Labour, Human Services and Social Security.Services and Social Security.


Security/UNAIDS ProgrammeSecurity/UNAIDS ProgrammeObjectivesObjectives: : To Ensure company ownership and To Ensure company ownership and

sustainability of HIV/AIDS workplace sustainability of HIV/AIDS workplace programmeprogramme

To establish procedures for dealing with To establish procedures for dealing with HIV/AIDS issues in the workplaceHIV/AIDS issues in the workplace

Support HIV/AIDS prevention, non-Support HIV/AIDS prevention, non-discrimination and care and support activitiesdiscrimination and care and support activities

Manage the project and ensure resultsManage the project and ensure results



The Process:The Process: Focal Point Person: Identification, Training Focal Point Person: Identification, Training

and Monitoring at the workplace.and Monitoring at the workplace.

Memorandum of Co-operation: This was Memorandum of Co-operation: This was created using the ILO Template as a guidecreated using the ILO Template as a guide



Workplace HIV/AIDS Policy: drafting of Workplace HIV/AIDS Policy: drafting of policy with regular review, briefing of policy with regular review, briefing of managers and ongoing training of occupational managers and ongoing training of occupational safety and health personnel and workers.safety and health personnel and workers.

Services: Provision of condoms and referrals Services: Provision of condoms and referrals to care and support services. to care and support services.



Many Enterprises signed on to the Many Enterprises signed on to the Memorandum of Cooperation but with the Memorandum of Cooperation but with the conclusion of the programme, the activities at conclusion of the programme, the activities at most of the enterprises ended.most of the enterprises ended.

Some of the Enterprises entered into Some of the Enterprises entered into arrangements with other Projects in order to arrangements with other Projects in order to sustain the work that they had commenced.sustain the work that they had commenced.


Security/UNAIDSSecurity/UNAIDS2007 – 20082007 – 2008

The new Ministry of Labour Project falls under the Line The new Ministry of Labour Project falls under the Line Ministries component of the Guyana HIV/AIDS Ministries component of the Guyana HIV/AIDS Prevention and Control project.Prevention and Control project.

Despite not having a signed Policy in force, training and Despite not having a signed Policy in force, training and sensitization activities are still on going with the sensitization activities are still on going with the Ministry’s staff.Ministry’s staff.

Also, Training and awareness workshops are held at 3 Also, Training and awareness workshops are held at 3 times per week across the Regions of Guyana.times per week across the Regions of Guyana.


Security/UNAIDSSecurity/UNAIDSKey Target Groups:Key Target Groups: Working with youths and apprentices (work-Working with youths and apprentices (work-

study students, etc.) of different organizations, study students, etc.) of different organizations, the population of job-seekers registered with the population of job-seekers registered with the recruitment arm of the Ministry of Labour, the recruitment arm of the Ministry of Labour, Minors and associates of the Interior Minors and associates of the Interior Community.Community.

Memorandum of Memorandum of Cooperation/UnderstandingCooperation/Understanding

In excess of 20 Enterprises have signedIn excess of 20 Enterprises have signed Many of these enterprises still work with other Many of these enterprises still work with other

Projects.Projects. Most have continued their established Most have continued their established

programmes programmes An average of 60 samples are distributed daily An average of 60 samples are distributed daily Approximately 50% are received signed Approximately 50% are received signed

Memorandum of Memorandum of Cooperation/UnderstandingCooperation/Understanding

The Ministry of Labour, Human Services and The Ministry of Labour, Human Services and Social Security will actively pursue the Social Security will actively pursue the distribution, signing and implementation of the distribution, signing and implementation of the Memorandum of Cooperation and Memorandum of Cooperation and Understanding, being fully aware of our Understanding, being fully aware of our HIV/AIDS status in the Caribbean. HIV/AIDS status in the Caribbean.

HIV/AIDS HIV/AIDS National Policy - GuyanaNational Policy - Guyana

Policy is intended to form the basis of Policy is intended to form the basis of HIV/Aids Workplace Policies HIV/Aids Workplace Policies

Policy concerns Prevention measures Policy concerns Prevention measures relating to OSH, Protection and Support relating to OSH, Protection and Support for infected and affected employees for infected and affected employees

Use the workplace as a forum to Use the workplace as a forum to disseminate Information and Awarenessdisseminate Information and Awareness

Policy Objectives – Policy Objectives – Establishing Guiding PrinciplesEstablishing Guiding Principles

To protect PLWHA from discrimination and To protect PLWHA from discrimination and unfair judgment at their workplace.unfair judgment at their workplace.

To manage and prevent HIV and AIDS in the To manage and prevent HIV and AIDS in the world of workworld of work

To promote HIV and AIDS information, To promote HIV and AIDS information, education, communication and general education, communication and general awarenessawareness

Policy Objectives – Policy Objectives – Establishing Guiding PrinciplesEstablishing Guiding Principles

On universal infection control proceduresOn universal infection control procedures On employer/employee responsibilitiesOn employer/employee responsibilities To promote cooperation among employers, To promote cooperation among employers,

trade unions and workerstrade unions and workers To ensure compliance with statutory and To ensure compliance with statutory and

constitutional provisions constitutional provisions

The Scope of the PolicyThe Scope of the Policy Employers, Trade Union and Government shall use Employers, Trade Union and Government shall use

this policy as the basis for their workplace policies on this policy as the basis for their workplace policies on HIV/AIDSHIV/AIDS

This Policy shall not carry any legal obligation This Policy shall not carry any legal obligation beyond those encapsulated in the Statutes, beyond those encapsulated in the Statutes, Constitutional provisions and common laws.Constitutional provisions and common laws.

Non-compliance with this Policy shall not make any Non-compliance with this Policy shall not make any employer liable barring violation of other laws, but employer liable barring violation of other laws, but this Policy maybe used as evidence as best practice.this Policy maybe used as evidence as best practice.

The Policy shall be interpreted in association with The Policy shall be interpreted in association with other stipulations and best practice produced by the other stipulations and best practice produced by the MOLHSSS. MOLHSSS.

The Legal FrameworkThe Legal Framework

This Policy shall be interpreted in tandem with This Policy shall be interpreted in tandem with the following Statutes and Constitutional the following Statutes and Constitutional provisions and enacted to reverse provisions and enacted to reverse discrimination and stigmatization of actual and discrimination and stigmatization of actual and perceived PLWHA perceived PLWHA Article 24, Constitution Article 24, Constitution of Guyana with Amendment Inserted 2002.of Guyana with Amendment Inserted 2002. Every citizen has a right to free medical Every citizen has a right to free medical attention, including old age and disability.attention, including old age and disability.


(i)(i) Article 22, Construction of Guyana with Article 22, Construction of Guyana with Amendments Inserted 2002Amendments Inserted 2002 Every citizen Every citizen had the right to work.had the right to work.

(ii)(ii) Prevention of Discrimination Act 1997Prevention of Discrimination Act 1997. . This law prohibits discrimination, including This law prohibits discrimination, including in employment. HIV/AIDS would currently in employment. HIV/AIDS would currently fall under disability discrimination.fall under disability discrimination.


Article 149 Constitution of Guyana with Article 149 Constitution of Guyana with Amendments inserted 2002.Amendments inserted 2002. This Article This Article prohibits discrimination on the grounds of prohibits discrimination on the grounds of ‘disability’; ‘disability’ in modern human ‘disability’; ‘disability’ in modern human rights law is interrupted as inclusive of HIV rights law is interrupted as inclusive of HIV and AIDS. HIV is categorized as a ‘disability’, and AIDS. HIV is categorized as a ‘disability’, in as much as other diseases as so classified. in as much as other diseases as so classified.

The Legal Framework The Legal Framework

(v) (v) Occupational Safety and Health Act 1997Occupational Safety and Health Act 1997

This law mandates the provision of suitable materilas, This law mandates the provision of suitable materilas, and protective devices and clothing; porvision of and protective devices and clothing; porvision of information, instruction, supervison, and training to information, instruction, supervison, and training to workers to protect their safety and health.workers to protect their safety and health.

(vi) (vi) Termination of Employment and Severance Pay Termination of Employment and Severance Pay Act 1997Act 1997 determines how an employee may be determines how an employee may be terminated. This law prohibits sickness as a basis of terminated. This law prohibits sickness as a basis of termination.termination.


(vii) (vii) National Insurance and Social Security Act. National Insurance and Social Security Act. This law provides for a mandatory insurance scheme This law provides for a mandatory insurance scheme established for employed persons aged between 16 established for employed persons aged between 16 and 60; PLWHA if incapacitated can receive benefits and 60; PLWHA if incapacitated can receive benefits from this insurance scheme.from this insurance scheme.

(viii) (viii) Public Health Ordinance (1834)Public Health Ordinance (1834) This was This was enacted to regulate reporting of infectious diseases; enacted to regulate reporting of infectious diseases; but its provision violate the current norms of privacy but its provision violate the current norms of privacy and confidentiality, significant HIV/AIDS concerns.and confidentiality, significant HIV/AIDS concerns.


National AIDS Policy (1998/2006)National AIDS Policy (1998/2006)

This Policy enables people to have Voluntary This Policy enables people to have Voluntary Counselling and Testing for HIV and AIDS, Counselling and Testing for HIV and AIDS, rejection of isolation and detention treatment, rejection of isolation and detention treatment, and univeral access to treatment.and univeral access to treatment.


The National Policy Principles were guided by The National Policy Principles were guided by the ILO Code of Practice on HIV/AIDS in the the ILO Code of Practice on HIV/AIDS in the World of work.World of work.


Employers ResponsibilitiesEmployers Responsibilities Prevention EducationPrevention Education Non-discrimination and absence of stigma at Non-discrimination and absence of stigma at

the Workplace.the Workplace. Healthy work environment.Healthy work environment. HIV Voluntary Confidential Counselling and HIV Voluntary Confidential Counselling and

Informed Consent.Informed Consent. Impact Assessment of HIV/AIDS at the Impact Assessment of HIV/AIDS at the

Workplace.Workplace.

In addition to the HIV/AIDS National In addition to the HIV/AIDS National Policy, the Ministry of Labour, Human Policy, the Ministry of Labour, Human Services have completed and finalized a Services have completed and finalized a draft draft HIV and AIDS Workplace HIV and AIDS Workplace Regulations 2001Regulations 2001, which was made , which was made under the Occupational Safety and Health under the Occupational Safety and Health Act of 1997.Act of 1997.

This is expected to be made Law very This is expected to be made Law very shortly.shortly.

Thank youThank youkindly for your kindly for your

AttentionAttention

MINISTRY OF LABOUR HUMAN SERVICE AND SOCIAL SECURITY Neville Nichols Occupational Safety and Health...

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