Mandatory Workplace Policy and Program
- All private workplaces must have an HIV and AIDS policy and active program.
- Policies can be standalone or integrated into existing occupational safety and health frameworks.
- Management and workers' representatives must collaborate on formulation and implementation.
- Policies may be integrated into Collective Bargaining Agreements where applicable.
- DOLE provides technical assistance through its Inter-Agency Committee and Regional Offices.
Key Components of Policy and Program
Advocacy, Information, Education, and Training
- Standardized basic HIV and AIDS information for all workers.
- Employer responsibility to provide accurate and updated information covering epidemiology, transmission, prevention (including condom promotion), diagnosis, treatment, and social impact.
- Inclusion of relevant national laws and workplace policies to inform workers.
- Encouragement of community and supply chain outreach as part of corporate social responsibility.
- Use of IAC-developed education curricula with allowance for adaptation.
- Continuous education for program implementers and workplace personnel.
Social Policy
- Non-discrimination: No discrimination in hiring, promotion, or termination based on actual, perceived, or suspected HIV status.
- Strict confidentiality of HIV-related information, limited to medical personnel or as legally required.
- Protection from compulsory HIV testing as pre-employment condition.
- Work accommodations encouraged for HIV-positive employees, including flexible leave and work schedules.
Diagnosis, Treatment, and Referral
- Provision or referral for preventive, diagnostic, and treatment services for sexually transmitted infections (STIs).
- Establish referral mechanisms to health service providers and support groups.
- Voluntary Confidential Counseling and Testing (VCCT) promoted; compulsory testing prohibited.
Roles and Responsibilities
Employers
- Develop, implement, fund, and evaluate workplace HIV and AIDS programs jointly with workers/labor organizations.
- Ensure policies comply with applicable legislation, maintain confidentiality, and prevent discrimination.
- Provide education, training, access to information, and personal protective equipment as needed.
- Avoid forced disclosure of HIV status.
- Continuously improve programs through networking with relevant government and NGO bodies.
Workers
- Participate in program formulation and support workplace policies.
- Promote non-discriminatory behavior and maintain confidentiality regarding HIV status.
- Comply with universal precautions and preventive measures.
- Encourage disclosure of HIV status to healthcare providers when work risks justify it.
- Share information with families and communities.
Implementation and Monitoring
- Workplace safety and health committees monitor and evaluate policies periodically.
- DOLE Regional Offices collaborate with DOH, DILG, and LGUs in oversight and dissemination.
- Occupational Safety and Health Center (OSHC) and Regional AIDS Assistance Teams (RAATs) provide technical assistance.
- Bureau of Working Conditions enforces compliance with the guidelines and other applicable policies.
Sanctions and Effectivity
- Violations are subject to penalties under Republic Act 8504.
- The guidelines take effect fifteen days after publication in a newspaper of general circulation.