ML20117N007

Aids:Nrc Guidelines on Acquired Immune Deficiency Syndrome in the Workplace

ML20117N007
Person / Time
Issue date:	09/18/1996
From:	NRC
To:
References
NUREG-BR-0129, NUREG-BR-129, NUDOCS 9609180286
Download: ML20117N007 (2)

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9609180286 960918

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I. Introduction IV. AIDS Information and Program Activiti3s V. Personn:1 Management issues and Considerations -

Increased awaren'ess and understanding of AIDS should The physical implications of AIDS are very serious. What help allay unfounded fears and facilitate sensible approaches may be most difficult for the person with AIDS is suffering When AIDS becomes a matter of concern in the workplace, to AIDS-related issues which arise in the workplace. NRC possible ostracism and misunderstanding from family, a variety of personnel managemera issues should be fosters a policy of open communication and provides AIDS friends, community, and fellow workers. Further, the person addressed within the framework of existing procedures.

information to employees to help them maintain their own with AIDS may be experiencing grief at the inevitability of guidance, law, and regulation. Some basic guidance on how health and well-being. The information contained in this his or her own death. While terminal illness is an issue to approach and resolve such issues follows. Managers are booklet and other related booklets, prepared by NRC and many people are facing and resolving every day, AIDS car-cautioned that, as with any complex personnel manage-i public health agencies, is intended to provide information ries with it additional psychological and social implications.

ment matter, the resolution of a specific problem must be and guidance to managers, supervisors, and employees Therefore, NRC emphasizes the importance of having com-based on a thorough assessment of that problem and how-

, concerning AIDS-related workplace issues. This material is passion for any fellow worker caught in this progressively it is affected by relevant information and guidance about in conformance with Office of Personnel Management stressful situation.

AIDS, current law, regulation bearing on the involved issue, guidelines developed with the assistance of tha Office of and NRC's own policies and needs.

AIDS Coordinator of the Public Health Service.

The following guidance is intended to help managers etfec-tively deal with HIV and AIDS in the workplace. The Of fice of A. Employee's Ability to Work Personnel (OP) through the Employee Assistance Program II. Background (EAP)in Headquarters and the Regional Personnel Officers An employee having the AIDS virus may be symptomatic can provide those afflicted with AIDS and their fellow or asymptomatic; if symptomatic, a variety of medical Acquired Immune Deficiency Syndrome (AIDS) is a life.

workers with guidance and assistance as follows:

manifestations with varying severity may occur. At some threatening disease, caused by the Human immunodefi-point, a concem may arise whether such an employee,

citncy Virus (HIV)*, which affects the bodfs ability to fight A. Education to Employees and Supervisors given his or her medical condition, can perform the

, infection by impairing the immune system. There is not yet duties of the position in a safe and reliable manner. In

' a cure for AIDS, but treatments for the conditions resulting OP will provide current information about AIDS to this regard, accurate and complete medical documenta-

' from infection with the HIV are available. AIDS may be emp!oyees and supervisors through Public Health Ser.

tion may be needed to make sound determinations transmitted through sexual contact with an infected part-v ce and private health service booklets describing the about the employee's ability to work. Consistent with ner; sharing of contaminated needles and syringes among illness, and will periodically conduct information ses.

OPM's regulation in 5. C.F.R. Part 339, Medical Determi-users of intravenous drugs; from infected mothers to their sions about the causes of AIDS and how to deal with the nation Related to Employability, it is pnmanty the babies during pregnancy, at birth, or shortly af ter birth; and, disease in the workplace.

employee's responsibility to produce medical documen-rarely, through blood transfusions and blood products.

tation regarding the extent to which a medical condition

. There is no evidence that AIDS can be spread by casual or is affecting job performance. However, whun the

. routine contact. Guidelines issued by the Public Health Ser-B. Referral Service employee does not produce suf ficient documentation to vice's Centers for Disease Control (CDC) dealing with AIDS allow the agency to make an informed decision about in the workplace state that "the kind of nonsexual person-OP will refer employees to other agencies and organiza.

the extent of the employee's capabilities, the agency to person contact that generally occurs among workers and tions that offer supportive services and expert assis-may offer an employee the opportunity to undergo a clients or consumers in the workplace does not pose a risk tance for life-threatenlag tiit. esses, iracluding AIDS. A medical examination. Accurate and timely medicalinfor-for transmission of AIDS."

variety of governmensat and non-gcurnmental organiza.

mation will also allow the agency to consider alterna-tions which provide expert assistance to individuals and tives to keeping the employee in his or her position if families who are afflicted with life-threatening illness there are serious questions about safe and reliable per.

Ill. General Guidel,neS may be found in the NRC AOS Resource Information formance.

i Guide (NUREGIBRV29 Supplemant 1). The NRC AIDS NRC recognizes that employees with life-threatening ill-Resource Information Gube is available from the EAP B Privacy and Confidentiality nesses, including but not limited to cancer, heart disease, Staff or from Regional Personrsel Officers.

and AIDS, may wish to continue to engage in as many of HIV-infected employees will have understandable con-their normal pursuits, including work, as their condition cems over confidentiality and privacy in connection with allows. Therefore, employees in the workplace who have C. Benefit Consultation medical documentation and other information relating been diagnosed or who are suspected of having the AIDS to their condition. Managers and employees should be virus should not be treated differently from other OP will continue to provide consultation to interested aware that any medical documentation submitted to the employees. As long as these employees are able to meet employees in effectively managing health, leave, retire-agency for the purpose of an employment decision and acceptable performance standards, managers should be ment, and other benefits. Such consultation will be pro-made part of the file pertaining to that decision becomes sensitive to their conditions and ensure that they are vided by knowledgeable individuals in OP.

a " record" covered by the Privacy Act and NRC Chapter treated consistently with other employees. NRC will make 4161 (Employee Health Services Program).

reasonable accommodation for employees with AIDS and other life-threatening illnesses consistent with the needs of D. Support Consultation The Privacy Act generally forbids agencies to disclose a the agency.

record which it covers without the consent of the subject OP will provide consultation to work groups of affected of the record. However, these records are available to

• HIV pumar Wmunode'acmency vuus)is used to refer to the range of rnekal employees, including information and support services, agency offiClals who have a need to know the informa-caroticm we Hivweeted persons migni nave o e, immunologmai and/or and help for the work group to better cope with the inter-tion for an appropriate management purpose. Officials es-.v v n..-.4..

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i maintain the confidentiality of that information. In addi-anxiety over the illness to work behavior and to the tion, supervisors, managers, and others included in mak-requirements of eristing Federal and NRC personnel ing and implementing personnel management decisions policies, including any obligations NRC may have to involving employees with AIDS are to strictly observe consider accommodation of the HIV-infected employee.

applicable privacy and confidentiality requirements.

F. Insurance C. Leave Administration HIVinfected employees can continue their coverages HIV-infected employees may request sick or annual under the Federal Ernployees Health Benefits (FEHB) leave, or leave without pay to pursue medical care or to Program and/or the Federal Employees' Group Life recuperate from the ill effects of their medical condition.

Insurance (FEGLI) Program in the same manner as other in addition, infected employees may be eligible to apply employees. Their continued participation in either or as a recipient for leave transfer in which fellow both of these programs would not be jeopardized solely employees donate part of their leave to the infected because of their medical condition.

employee (see NRC Chapter 4145).

The health benefits plans cannot exclude coverage for D. Changes in Work Assignment medically necessary health care services based on an individual's health status or on a preexisting condition.

NRC will consider job restructuring, detail, reassign.

Similarly, the death benefits payable under the FEGLI ment, flexible scheduling or other changes in position Program are not cancelable solely because of the indivi-for HIVinfected employees in the same manner as dual's current health status. However, any employee would apply for other employees whose medical ccndi-who is in a leave-without pay (LWOP) status for 12 con-tions impact on job performance, in considering such tinuous months faces the statutory loss of FEHB and actions NRC will observe established policies governing FEGLI coverages but has the privilego of conversion to qualification requirements, internal placement, and private policies without a physical examination, other staffing recuirements.

Employees who are seeking to cancel previous declina-E. Employee Conduct tions and/or obtala additionallevels of FEGLI coverage must prove to the satisfaction of the Office of Federal There may be situations where fehow employees Employees' Group Life Insurance that they are in express reluctance or threaten refusal to work with HIV-reasonably good health. Any employee exhibiting symp-infected employees. Such reluctance is often based on toms of any serious life-threatening illness would misinformation or lack of information about the necessarily be denied the request for additional transmission of AIDS.

coverage.

There is no known risk of transmission of AIDS through G. Disability Retirement normal workplace contacts, according to leading medical research. Nevertheless, NRC recognizes that the HIV-infected employees may be eligible for disability presence of such fears, if not addressed in an appropri-retirement if their medical condition warrants and if they ate and timely manner, can be disruptive to an organiza-have the requisite years of Federal service to qualify.

tion. NRC will try to deal ef fectively with such situations OPM will consider applications for disability retirement through information, counseling, and other means.

from employees with AIDS in the same manner as for However, in situations where such measures do not other employees, focusing on the extent of the solve the problem and where management determines employee's incapacitation ano ability to perform his or that an employee's unwarranted threat or refusal to work her assigned duties. OPM makes every effort to expedite I

with an HIV infected employee is impeding or disrupting any applications where the employee's illness is in an

(

the organization's work, further measures up to and advanced stage and is life threatening.

including possible disciplinary action against the i

employee (s) threatening such refusal may need to be considered.

In other situations, management may be faced with an HIV-infected employee who is having serious perfor-rnance or conduct problems. Management should deal with these problems through appropriate counseling, remedial, and if necessary, disciplinary measures. In i

pursuing appropriate action in these situations manage-ment should be sensitive to the possible contribution of n

.-