**BONNEVILLE POWER ADMINISTRATION**

**HUMAN RESOURCES**

**Portland, Oregon**

**PERSONNEL LETTER NO. 792-1 (Revised) DATE:** January 13, 1998

**SUBJECT**

HIV/AIDS IN THE WORKPLACE

**I. PURPOSE OF ISSUANCE**

This Personnel Letter supersedes Personnel Letter 792-1, dated October
6, 1994. The purpose of this Personnel Letter is to provide: (1)
Guidance and support for BPA employees who are infected with HIV/AIDS
that they may continue in productive employment as long as their health
permits; (2) Guidance for supervisors and managers to fairly and
effectively handle HIV/AIDS-related personnel issues in the workplace;
and (3) Guidelines for HIV/AIDS education for BPA employees,
supervisors, and managers. Increased awareness and understanding of
HIV/AIDS will help allay unfounded fears and facilitate sensible
approaches to AIDS-related issues which arise in the workplace.

**II. NATURE OF THIS INFORMATION**

On September 30, 1993, President Clinton signed a Directive mandating
all Federal agencies to provide comprehensive workplace HIV/AIDS
training for their employees and to develop nondiscriminatory personnel
policies and procedures which encourage persons with any chronic
illness, including HIV/AIDS, to continue productive work for as long as
their health permits. It is hoped, through HIV/AIDS education, that the
spread of this disease can be prevented.

Increased awareness and understanding of HIV/AIDS will help allay
unfounded fears and facilitate sensible approaches to AIDS-related
issues which arise in the workplace.

Guidelines issued by the US Public Health Service's Centers for Disease
Control (CDC) dealing with AIDS in the workplace state that "the kind of
nonsexual person-to-person contact that generally occurs among workers
and clients or consumers in the workplace does not pose a risk for
transmission of AIDS."

**III. SCOPE**

This policy applies to all BPA employees. It applies to all contractor
personnel relative to providing a nondiscriminatory work environment.

**IV. DEFINITIONS**

**A.** [HIV (human immunodeficiency virus)]{.underline} is the virus
that causes AIDS. HIV may live in the body for many years and can be
spread to others before any symptoms appear. HIV primarily affects
persons by weakening the body, making it incapable of fighting diseases
and infections.

**B.** [AIDS (acquired immunodeficiency syndrome)]{.underline} is the
life-threatening illness caused by human immunodeficiency virus (HIV).

**V. POLICY**

HIV-infected employees should be allowed to continue working as long as
they are able to maintain acceptable performance and do not pose a
safety or health threat to themselves or others in the workplace. If
performance or safety problems arise, BPA will address them by applying
existing Federal and agency personnel policies and practices.

HIV infection can result in medical conditions which impair the
employee's health and ability to perform safely and effectively. In
these cases, HIV-infected employees will be treated in the same manner
as employees who suffer from other serious illnesses. This means, for
example, that employees may be granted sick leave or leave without pay
when they are incapable of performing their duties or when they have
medical appointments. Reasonable accommodation of employees with
AIDS-related conditions will be considered in the same manner as would
other medical conditions which warrant such consideration.

**VI. AIDS INFORMATION AND EDUCATION PROGRAMS**

BPA is committed to providing on-going HIV/AIDS Education and Prevention
programs. This approach will assure that: (1) Employees and managers are
kept apprised of the latest research on AIDS in the workplace; (2)
Managers receive appropriate information on how to handle situations
which arise in their organizations; and (3) Both employees and managers
continue to respect the importance of maintaining confidentiality of any
medical information about any employee's health status.

BPA employees who come into direct contact with blood or body fluids
while administering first-aid, on-the-job, will be provided a free
medical evaluation and treatment as outlined in Personnel Letter 339-5,
Occupational Exposure to Bloodborne Pathogens and Other Potentially
Infectious Materials.

**VII. PERSONNEL MANAGEMENT ISSUES AND CONSIDERATIONS**

When AIDS becomes a matter of concern in the workplace, a variety of
personnel issues may arise. Basically, these issues will be addressed
within the framework of existing procedures, guidance, statutes, case
law, and regulation. Employees living with HIV/AIDS, or other
life-threatening illnesses, are entitled to full coverage under the
Federal Rehabilitation Act of 1973, the Americans with Disabilities Act
of 1990, Family and Medical Leave Act, sick leave, Leave Transfer
Program, disability benefits, and equal employment opportunity. Should
questions arise concerning such matters, Human Resources or the
Diversity Management Office should be contacted.

**VIII. EMPLOYEE'S ABILITY TO WORK**

An employee with HIV/AIDS may develop a variety of medical conditions.
At some point, a concern may arise whether such an employee, given
his/her medical condition, can perform the duties of the position in a
safe and reliable manner. This concern will typically arise at a point
at which the HIV-infected employee suffers health problems which affect
his/her ability to report for duty or perform. Also, in some situations,
the concern may stem from the results of a medical examination required
for the employee's position. Under 5 CFR, Part 339, Medical
Determination Related to Employability, it is primarily the employee's
responsibility to produce medical documentation regarding the extent to
which a medical condition is affecting availability for duty or job
performance. However, when the employee does not produce sufficient
documentation to allow agency management to make an informed decision
about the extent of the employee's capabilities, the agency may offer,
and in some cases order, the employee to undergo a medical examination.
Accurate and timely medical information will allow the agency to
consider alternatives to keeping the employee in his/her position if
there are serious questions about safe and reliable performance. It will
also help determine whether the HIV-infected employee's medical
condition is sufficiently disabling to entitle the employee to be
considered for reasonable accommodation under the Rehabilitation Act of
1973 (29 U.S.C. S 794).

**IX. REASONABLE ACCOMMODATION**

The standard definition of reasonable accommodation is to provide, when
possible, alternatives for employees living with disabilities (in this
case HIV/AIDS) to continue productive work for as long as possible. It
provides a work environment where individuals living with disabilities
can maximize their productivity and continue to be part of the
workforce. The implementation of reasonable accommodation usually has a
positive impact on all staff, as it communicates the willingness of
managers to care for the individual needs of the employee.

**X. PRIVACY AND CONFIDENTIALITY**

Because of the nature of the disease, HIV-infected employees will
understandably have concerns over confidentiality and privacy, in
connection with medical documentation and other information, relating to
an HIV/AIDS diagnoses that is submitted to BPA for the purpose of an
employment decision. Such documentation is made a part of the file
pertaining to that decision and becomes a "record" covered by the
Privacy Act. The Privacy Act generally forbids agencies to disclose a
record, in which the Act covers, without the consent of the subject of
the record. Precautions must **always** be taken to protect an
employee's health condition. All medical records are to be forwarded and
maintained in the Employee Medical Files (EMF's) located in Servicing
Personnel Offices. However, information from these records is available
to agency officials who have a "need to know" for appropriate management
purposes. Persons responsible for recordkeeping (i.e., employee medical
files) are required to maintain the confidentiality of that information.
In addition, supervisors, managers, and others included in making and
implementing personnel management decisions involving employees with
AIDS, should strictly observe applicable privacy and confidentiality
requirements.

Breach of privacy and confidentiality, in connection with medical
documentation and other related information, on an employee or applicant
with HIV/AIDS could result in disciplinary action against the employee
causing the breach.

**XI. GENERAL PRACTICES FOR DISCUSSING DISCLOSURES**

Generally, when an employee discloses any life-threatening illness,
including HIV/AIDS, a supervisor/manager should not immediately initiate
changes in the employee's work assignments or work environment.
Supervisors/managers should be extremely sensitive to the possible
contribution of anxiety over the employee's condition relative to
his/her work behavior. Any part of the disclosure process should include
discussions which the employee, the first-line supervisor/manager, and a
representative from Human Resources (i.e., Management Assistance
Services (MAS) and/or the Medical Program Manager).

**XII. EMPLOYEE CONDUCT**

If situations occur in which coworkers express reluctance about working
with an HIV-infected employee, it is the responsibility of the manager
or supervisor to address these concerns. Such reluctance is often based
on misinformation or lack of information about the transmission of HIV.
There is no medical basis for employees refusing to work with fellow
employees or agency clients who are HIV-infected. To assist work groups
in addressing these concerns, BPA has resources available such as MAS
and the Employee Assistance Program.

Should such measures not solve the problem and where management
determines that an employee's unwarranted threat or refusal to work with
an HIV-infected employee is impeding or disrupting the organization's
work, appropriate, corrective, or disciplinary action against the
threatening or disruptive employee(s) may be considered.

If management is faced with an HIV-infected employee who is having
performance or conduct problems, these will be addressed through
appropriate counseling, remedial, and if necessary, disciplinary
measures. In pursuing appropriate action, management should be sensitive
to the possible contribution of anxiety over the illness to work
behavior and to the requirements of existing regulations and policies,
including any need to consider reasonable accommodation for the employee
with HIV/AIDS (see Personnel Letter 339-7, XII, Requirement for
Reasonable Accommodation).

**XIII. INSURANCE**

Employees with HIV/AIDS may continue their coverages under the Federal
Employee Health Benefits (FEHB) Program and/or Federal Employees' Group
Life Insurance (FEGLI) Program in the same manner as other employees.
Their continued participation in either or both of these programs will
not be jeopardized solely because of the medical condition. The health
benefits plans cannot exclude coverage for medically necessary health
care services based on an individual's health status or a pre-existing
condition. Similarly, the death benefits payable under the FEGLI Program
are not cancelable solely because of the individual's current health
status. However, **any** employee who is in a leave without pay (LWOP)
status for 12 continuous months, faces the statutory loss of FEHB and
FEGLI coverage, but has the privilege of conversion to a private policy
without having to undergo a physical examination. Employees who are
seeking to cancel previous declinations and/or obtain **additional**
levels of FEGLI coverage must prove, to the satisfaction of the Office
of Federal Employee's Group Life Insurance, that they are in reasonably
good health. Any employee exhibiting symptoms of any serious and
life-threatening illness would necessarily be denied the request for
additional coverage.

**XIV. DISABILITY RETIREMENT**

Employees with HIV/AIDS may be eligible for disability retirement if
their medical condition warrants and if they have the requisite years of
Federal service to qualify. Office of Personnel Management (OPM)
considers applications for disability retirement from employees with
AIDS in the same manner as for other employees, focusing on the extent
of the employee's incapacitation and ability to perform his/her assigned
duties. OPM makes every effort to expedite any applications where the
employee's illness is in an advanced stage and is life-threatening.

Veronica L. Williams

Manager, Human Resources