Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter FF - WORKPLACE POLICY FOR HIV/AIDS › Section 7.432 - Detailed provisions of the HIV/AIDS and related diseases workplace policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Individuals
				  or State employees 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 ( Pub.L. No.
				  100-259) (102 Stat. 28) and court
				  decisions.
(b) No current or
				  prospective State employee 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
				  employees with HIV infection or AIDS may continue in their current jobs and
				  work assignments as long as their health permits. If an employee with HIV/AIDS
				  is unable to carry out essential job functions because of the illness, the
				  employee will be afforded the same considerations as any other employee whose
				  disability prevents the performance of essential job functions. Requests for
				  reasonable accommodations should be honored to the extent practicable,
				  consistent with the Americans With Disabilities Act of 1990 and the
				  Commonwealth's Personnel Rules. State employees with HIV or AIDS who request a
				  transfer or reassignment due to their medical condition should have these
				  requests considered, consistent with agency needs.
(d) Managers, supervisors and employees
				  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 employees about HIV/AIDS and related diseases. Effective
				  education should be directed at improving services to the public and reducing
				  chances of transmission of disease in Commonwealth work settings. Of particular
				  concern is education for those State employees 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 potentialto be
				  exposed to blood or body fluids implicated in the transmission of HIV follow
				  specific Federal guidelines.
(g)
				  State employees in need of more information on HIV/AIDS should contact their
				  agency HIV/AIDS coordinator or human resource 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 employees
				  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 employee due to 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.
(i) HIV and AIDS-related information
				  concerning State employees, dependents and clients shall be handled with strict
				  confidentiality by agencies. Employee 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 employees or in the course of providing agency
				  services. Agencies shall follow the Confidentiality of HIV-Related Information
				  Act (35 P.S. §
											§
											7601-7612) and applicable regulations related
				  to protected health information.