Workplace HIV test ruling welcomed

AIDS law activists have welcomed a labour court's decision to allow companies to test their employees for HIV. The South African labour court's ruling of 17 December applies only to HIV testing that employees have agreed to voluntarily.

"Many businesses and the legal fraternity have been divided on whether or not prior permission should be obtained from the labour court before voluntary workplace testing could be performed," head of the legal unit at the Johannesburg-based AIDS Law Project (ALP), Liesl Gerntholtz, told the UN news service PlusNews on Monday.

The landmark ruling followed an application by fishing company Irvin and Johnson (I&J) for an order stating that voluntary and anonymous workplace testing was not prohibited by section 7.2 of South Africa's Labour Equity Act, which deals with unfair discrimination.

Section 7.2 aims to prevent the testing of workers without their
consent. However, companies feared it may also outlaw voluntary and anonymous testing. I&J and other employers want to introduce voluntary and anonymous testing in order to assess the impact AIDS will have on their businesses. The firms also want to provide support and treatment to staff who test HIV-positive.