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NOTICE
TO EMPLOYEES
Re: Human Immunodeficiency Virus (HIV), Acquired Immune Deficiency
Syndrome (AIDS) & Hepatitis C
Employees are notified that a claim may be made for a condition,
infection, disease or disability involving or related to the Human
Immunodeficiency Virus (HIV), Acquired Immune Deficiency Syndrome
(AIDS), or Hepatitis C within the provisions of the Arizona Workers’
Compensation Law, and the rules of The Industrial Commission of Arizona.
Such a claim shall include the occurrence of a significant exposure at
work, which generally means contact of an employee’s ruptured or broken
skin or mucous membrane with a person’s blood, semen, vaginal fluid,
surgical fluid(s) or any other fluid(s) containing blood. AN EMPLOYEE
MUST CONSULT A PHYSICIAN TO SUPPORT A CLAIM. Claims cannot arise from
sexual activity or illegal drug use.
Certain classes of employees may more easily establish a claim related
to HIV, AIDS, or
Hepatitis C if they meet the following requirements:
1. The employee’s regular course of employment involves handling or
exposure to blood, semen, vaginal fluid, surgical fluid(s) or any other
fluid(s) containing blood. Included in this category are health care
providers, forensic laboratory workers, fire fighters, law enforcement
officers, emergency medical technicians, paramedics and correctional
officers.
2. NO LATER THAN TEN (10) CALENDAR DAYS after a possible significant
exposure which arises out of and in the course of employment, the
employee reports in writing to the employer the details of the exposure
as provided by Commission rules. Reporting forms are available at the
office of this employer or from the Industrial Commission of Arizona. If
an employee chooses not to complete the reporting form, that employee
may be at risk of losing a prima facie claim.
3. NO LATER THAN TEN (10) CALENDAR DAYS after the possible significant
exposure the employee has blood drawn, and NO LATER THAN THIRTY (30)
CALENDAR DAYS the blood is tested for HIV OR HEPATITIS C by antibody
testing and the test results are negative.
4. NO LATER THAN EIGHTEEN (18) MONTHS after the date of the possible
significant exposure at work, the employee is retested and the results
of the test are HIV positive or the employee has been diagnosed as
positive for the presence of HIV, or NO LATER THAN SEVEN (7) MONTHS
after the date of the possible significant exposure at work, the
employee is retested and the results of the test are positive for the
presence of Hepatitis C or the employee has been diagnosed as positive
for the presence of Hepatitis C.
KEEP POSTED IN CONSPICUOUS PLACE
NEXT TO WORKERS’ COMPENSATION NOTICE TO EMPLOYEES
THIS NOTICE APPROVED BY THE INDUSTRIAL
COMMISSION OF ARIZONA FOR CARRIER USE
ICA Form 04-615-01
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