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Test
case for HIV testing
HIV/Aids
GILL
MOODIEand SHANTHINI NAIDOO
Fishing
and food company Irvin & Johnson could open
the way for South African companies to do
voluntary but anonymous HIV testing of workers
without first having to get court approval.
In a
potentially precedent-setting case, I&J this
week asked the Labour Court in Cape Town to allow
companies to provide testing - if they can
guarantee it is voluntary and confidential - after
they started an HIV/Aids education programme for
their Cape Town workers last year.
I&J
started voluntary testing in June but stopped when
it was told it needed Labour Court approval. In
papers before the court, the company says it wants
to continue its testing so that it can accurately
assess the potential impact of HIV/Aids on its
workforce and plan accordingly. It wants to be
told by its testing agency only the number of
HIV-positive workers in various age and health
categories.
Granting
the application would increase testing
countrywide, said I&J's attorney Dave Loxton,
adding that small and medium businesses could not
afford to go to court.
Henk
de Beer, I&J's Cape Town trawling human
resources manager, said: "Employers don't get
involved in the nitty-gritty of HIV/Aids. This
would allow them to get involved in testing and
wellness programmes."
"The
union is 110% behind I&J on this," said
Trawler and Line Fishermen's Union shop steward
Kenny Adams. He added that employees would be more
likely to seek counselling if they knew their HIV
status, thus removing the stigma around the
disease.
The
union has about 800 members out of I&J's 1 100
Cape Town staff.
Jennifer
Joni, an attorney at the University of
Witwatersrand Aids Law Project, said this week the
project supported I&J's move because the law
was not intended to prohibit voluntary testing.
"The
Department of Health says people should be finding
out about their HIV status - that is the same
thing that should be happening in our
workplaces."
If
the application is granted, HIV/Aids counsellor
Lucia Aranes will counsel I&J's employees.
"We want to educate people so that they can
make informed decisions. And it's not only to
provide support for those who are HIV-positive. We
want to encourage those who are HIV-negative to
remain negative," she said.
Acting
Judge Owen Rogers will give his decision on
Tuesday.

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