THE UNITED REPUBLIC OF TANZANIA

PRIME MINISTER’S OFFICE

LABOUR, YOUTH, EMPLOYMENT AND
PERSONS WITH DISABILITY

DEPARTMENT OF LABOUR

HIV and AIDS and Non-Communicable

Diseases Workplace Policy:
A Guide for Private Sector Employers

2024
 THE UNITED REPUBLIC OF TANZANIA

PRIME MINISTER’S OFFICE

LABOUR, YOUTH, EMPLOYMENT AND
PERSONS WITH DISABILITY

DEPARTMENT OF LABOUR

HIV and AIDS and Non-Communicable

Diseases Workplace Policy:
A Guide for Private Sector Employers

2024
A GUIDE FOR PRIVATE SECTOR EMPLOYERS

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PREFACE

This guide is the result of extensive collaboration and consultation

with a diverse range of stakeholders. We have drawn on the expertise
of government agencies, civil society organizations and private sector
representatives to ensure that the content is both accurate and
practically applicable.
This guide serves as a guiding light for private sector employers,
illuminating the path towards a workplace culture that prioritizes the
health, rights and dignity of every employee.
Employers play a critical role in the implementation of effective HIV
and AIDS and NCDs workplace policies. This guide provides detailed
strategies and interventions that will be tailored to the unique needs
of different workplace settings when developing the workplace policy.
From prevention and early detection to treatment and support, the
policy guide outline how employers will design policies that effectively
help mitigate the impact of HIV and AIDS and NCDs on their workforce,
while also promoting a culture of inclusivity and respect.
We hope that this guide will serve as a valuable resource for employers
committed to enhancing workplace health and well-being. Therefore,
adopting and implementing the recommendations contained within,
employers will make a profound difference in the lives of their
employees, contributing to healthier and more resilient workplaces
where every individual can thrive and contribute meaningfully to our
shared prosperity in Tanzania. We encourage all stakeholders to utilize
this guide to its fullest potential as a tool that fostering development of
the comprehensive HIV and AIDS and NCDs workplace Policy.

……………………………………
Hon. Deogratius Ndejembi,
Minister of State, Prime Minister’s Office - Labour, Youth, Employment
and Persons with Disabilities.

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ACKNOWLEDGEMENT

The development of this HIV and AIDS and NCDs Workplace Policy,
A guide for private sector employers marks a significant step towards
fostering healthier and more inclusive workplaces.
We extend our deepest gratitude to all members of the team who have
contributed to the review and development of this HIV and AIDS and
NCDs Workplace Policy, a Guide for employers in the private sector.
Your invaluable expertise, commitment, and collaborative efforts have
been essential in shaping a comprehensive and effective guide. This
document stands as a testament to the power of collective action in
promoting health and inclusivity within the workplace.
We acknowledge the critical role played by Government, especially
the department of Labour under the Prime Minister’s Office; Labour,
Youth, Employment and Persons With Disability (PMO-LYED) and
Tanzania Commission for AIDS (TACAIDS), whose guidance and
policy frameworks have ensured that this guide aligns with national
health priorities and standards.
We are profoundly grateful to the civil society organizations; National
Coalition for People Living with HIV and AIDS (NACOPHA) and
Tanzania Federation of Organization of Persons with Disabilities
(SHIVYAWATA) for their expert advice and advocacy. Your contributions
have enriched the guide with essential medical accuracy and social
relevance.
The technical assistance and input from private sector employers
and employee’s representatives; Association of Tanzania Employers
(ATE) and Trade Union Congress of Tanzania (TUCTA) has been
particularly valuable, providing practical insights and best practices
that address the real challenges faced by employers and employees
in diverse workplace settings.
Lastly, we extend our heartfelt appreciation to the funding partners;
International Labour Organization (ILO), representatives who have
provided vital support and feedback throughout this process.

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Your financial and technical assistance have been crucial in refining

and finalizing this guide. Thank you for your unwavering dedication
to fostering a healthier, more inclusive work environment for all those
employees living with HIV and AIDS and those affected by NCDs.

……………………………………….
Suzan William Mkangwa
Labour Commissioner.
Department of Labour.

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TABLE OF CONTENTS

ACKNOWLEDGEMENT ............................................................ iii

PREFACE ............................................................................... V
ABBREVIATIONS..................................................................... X
DEFINITION OF KEY TERMS.................................................. XII
PART. I ............................................................................... 1
1.0. INTRODUCTION.................................................. 1
1.1. The HIV and AIDS and NCDs and other diseases in
the World of Work............................................................... 2
1.2. Linking the Policy Guideline with the National and
International framework...................................................... 4
1.2.1 Five Year Development Plan (FYDP III)................. 4
1.2.2. HIV and AIDS (Prevention and Control)
Act.28 of 2008........................................................ 5
1.2.3 The Employment and Labour Relations Act
(CAP 366 R.E 2019).............................................. 5
1.2.4. The National Occupational Health and
Safety Policy - 2009............................................... 6
1.2.5. TACAIDS Mandates .............................................. 6
1.2.6. The National Multi-Sectoral Strategic
Framework for HIV and AIDS (NMSF V)
2021/2022 – 2025/2026......................................... 6
1.2.7. The Health Sector Strategic Plan July 2021-
June 2026 (HSSP V).............................................. 7
1.2.8. National NCD Strategic and Action Plan 2021-2026 8
1.3. Objectives........................................................................... 8
1.4. Legal and Regulatory Framework...................................... 9
1.5. Key guiding Principles ....................................................... 10

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1.5.1. Recognition of HIV and AIDS, NCDs and

other diseases at Workplace.................................. 10
1.5.2. Evidence based generated information................. 10
1.5.3. Gender Equity/Equality.......................................... 10
1.5.4. Respect and Protection of Human Rights.............. 11
1.5.5. Safe and healthy work Environment...................... 11
1.5.6. Referral and linkages............................................. 11
1.5.7. Protection against Stigma and Discrimination ...... 11
1.5.8. Confidentiality and disclosure................................ 12
1.5.9. Sexual harassment, abuse and exploitation.......... 12
1.5.10 Fair Termination practices...................................... 12
1.5.11 Reasonable job Accommodation........................... 12
1.5.12 Health Screening................................................... 13
1.5.13 Grievance Procedures........................................... 13

PART. II ................................................................. 14
2.0. WORKPLACE POLICY AND PROGRAMS ON HIV AND
AIDS AND NCDs .............................................................. 14
2.1. System strengthening......................................................... 14
2.2. Prevention programs.......................................................... 14
2.2.1. Awareness creation (Education and Training)....... 14
2.2.2. Condom Programming........................................... 14
2.2.3. HIV Counseling and testing services..................... 15
2.2.4. Prevention and control of
Non-Communicable Diseases (NCDs).................. 15
2.3. Care, treatment and Support Services .............................. 15
2.3.1. Care, Treatment Support and Impact Mitigation.... 15
2.3.2. Social support and protection services.................. 15

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PART. III ................................................................. 16

3.0. RIGHTS and Responsibilities of SOCIAL PARTNERS
AND STAKEHOLDERS .................................................... 16
3.1. The Government ............................................................... 16
3.2. Employers.......................................................................... 17
3.3. Employees.......................................................................... 18
3.4. Stakeholders...................................................................... 18

PART IV ................................................................. 20
4.0 IMPLEMENTATION, DISSEMINATION,
MONITORING AND EVALUATION AND REPORTING OF
THE POLICY GUIDELINE ................................................ 20
4.1. Policy implementation.......................................................... 20
4.1.1. Tripartite arrangement........................................... 20
4.1.1.1. The Government ..................................... 20
4.1.1.2. The Employer .......................................... 21
4.1.1.3. Trade unions............................................ 21
4.2. Coordination....................................................................... 21
4.2. Dissemination..................................................................... 21
4.3. Monitoring and Evaluation.................................................. 22
4.4. Reporting............................................................................ 22

PART. V ................................................................. 23
5.0. ENRFORCEMENT AND REVIEW OF THE POLICY GUIDE 23
5.1. Social dialogue................................................................... 23
5.2. Policy Review..................................................................... 23

LIST OF ANNEXES:.................................................... 24

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ABBREVIATIONS

AIDS Acquired Immunodeficiency Syndrome

ART Anti-retroviral Treatment
ATE Association of Tanzania Employers (ATE)
ELRA Employment and Labour Relation Act
FYDP Five Year Development Plan
HIV Human Immunodeficiency Virus
HSSP Health Sector Strategic Plan
ILO International Labour Organization
MHPSS Mental Health and Psychosocial Support
NACOPHA National Coalition for People Living with HIV and
AIDS (NACOPHA)
NCDs Non-Communicable Diseases
NMSF National Multisectoral Strategic Framework
PEP Post Exposure Prophylaxis
PLHIV People Living with HIV and AIDS
PMO-LYED Prime Minister’s Office; Labour, Youth, Employment
and Persons With Disability (PMO-LYED)
PWDs Person With Disability
SDGs Sustainable Development Goal
SHIVYAWATA Federation of Organization of Persons with Disabilities
(SHIVYAWATA)
TACAIDS Tanzania Commission for AIDS
TB Tuberculosis
THIS Tanzania HIV Indicator Survey
TUCTA Trade Union Congress of Tanzania (TUCTA)

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UNAIDS Joint United Nations Programme on HIV and AIDS

VCCT Voluntary Confidential Counseling and Testing
VLS Viral Load Suppression
WHO World Health Organization

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DEFINITION OF KEY TERMS

NCD: A disease that is not transmissible

directly from one person to another.
NCDs include strokes, most heart
diseases, most cancers, diabetes,
chronic kidney disease, Alzheimer’s
disease and others
Other Diseases: Other diseases apart from HIV and
NCDs may include Hepatitis B Virus,
TB.
Policy Guide: an advisory document that help
stakeholders to understand and supports
the implementation of the policy. It
provides valuable guidance and a step
by step on how to develop a Policy
Private Sector Employer: refers to the part of the economy that
is owned and operated by private
individuals or groups. It includes
businesses, corporations, organizations,
partnerships, and sole proprietorships.
They are typically subject to different
regulations and laws
Social Partners: Means “Representatives of the
Government, Employers Organizations
and Workers Organization
Stakeholders: Any other person or Organization,
besides social partners, addressing HIV
and AIDS in the World of work
Tripartite Partners: Means either the Government,
Employers or Workers Organization.

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PART I

1.0. INTRODUCTION
HIV and AIDS epidemic is a National public health threat affecting
Tanzanian society economically, socially and culturally. The Country
has made significant progress in HIV and AIDS response resulting
in the decline of HIV prevalence from 7% in 2003/2004 to 4.5% in
2022/2023 in general population. This corresponds to approximately
1.548 million PLHIV. (THIS 2022/2023).
The burden of HIV infection varies across the country, with HIV
prevalence ranged from 12.7% in Njombe Region to 1.7% in Kigoma
Region. The HIV prevalence is higher among women (5.6%) than
men (3.0%). HIV is higher in the urban areas for both women and
men than in the rural areas. While the HIV prevalence among women
ranged from 0.8% in those aged 15-19 years to 13.0% in those aged
45-49 years, it was marked higher among women with age group
ranging from 40-59 years. In addition, HIV prevalence among men
varied from 0.3% among those aged 15-19 years to 8.4% among
those aged 50- 54 years. It approached or exceeded 6% among men
in age groups from 40-64 years. While the viral load suppression
(VLS) among adult living with HIV regardless of their knowledge of
HIV status or use of ART was reported at 78.0%. The disaggregation
of VLS among women and men is 80.9% and 72.2% respectively.
The main mode of transmission continued to be heterosexual.
Determinants that contribute to high risk of and vulnerability to HIV
infection in the country include harmful socio economic and cultural
practices and low condoms use.
In line with the impact posed by HIV and AIDS, there has been
reported rising burden of Non-Communicable Diseases (NCDs) within
the country. NCD such as cardiovascular diseases, diabetes, cancer
and chronic respiratory diseases contributes 27% (WHO, 2011; URT,
2016) and 33% (WHO, 2018) of all deaths in Tanzania. There is
also observed exposure to Psychosocial, physical, ergonomic and
biological hazards which increase the risk of either of HIV, AIDS,

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NCDs and psychosocial health problems such as stress, fatigue and

burnout. Therefore, the emphasis is now shifting from treatment or
curative services to preventive services.

1.1. The HIV and AIDS and NCDs and other diseas-
es in the World of Work
HIV and AIDS and other infectious diseases i.e. Hepatitis B Virus
are the major threats in the world of work, as it is affecting the most
productive segment of the labour force. It reduces earnings and
imposes huge costs in all sectors through declining productivity,
increasing labour costs and loss of skills and experience.
On the other hand, NCDs are becoming a growing problem to workers
whose lifestyle exposes them to the risk factors such as unhealthy
eating habit, alcoholism, smoking, lack of physical exercises and
Stress. These factors and other biological factors increase risk
namely; raising blood pressure, raised glucose level, abnormal blood
lipids and obesity and mental health. The burden of NCDs is expected
to rise dramatically over the next 20 years in low and middle-income
countries1. In addition, there is an observable relationship between
NCDs and HIV. This is due to the fact that people living with HIV as
they live longer on successful anti-retroviral treatment (ART), some
ARTs may increase their risk of heart disease and diabetes, while HIV
itself increases the risk of some cancers.
In addition, HIV and AIDS and NCDs is affecting fundamental rights
at work particularly with respect to discrimination and stigmatization
aimed at workers and people living with and affected by HIV and AIDS
and NCDs. This guideline provides valuable practical guidance to the
private sector employers for formulating and implementing appropriate
workplace policies and programs. This is crucial for several reasons;
i. Health and Wellness: It promotes the health and
wellness of employees, which
is not only a moral imperative
but also contributes to higher
productivity and lower healthcare
costs for the employers.
1
Non-Communicable Diseases in the AMERICAS: All Sectors of Society help Solve the
Problem; Pan American Organization 2010

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ii. Legal Compliance: It helps employers comply with

legal obligations related to
workplace health and safety,
non-discrimination, and equal
opportunity.
iii. Risk Management: The Policy helps in Managing HIV
and AIDS and NCDs effectively
and reduce the risk of HIV
transmission and NCDs within
the workplace. It also minimizes
the impact of these conditions
on employee performance and
attendance.
iv. Employee Engagement: Provide support and resources
for managing HIV and AIDS
and NCDs that demonstrates a
commitment to employee welfare,
fostering loyalty and engagement.
v. Public Health: Employers contribute to broader
public health goals, such as
disease prevention and stigma
reduction.
vi. Socio-economic Impact: Address health issues at the
workplace that helps mitigate the
socio-economic impact of HIV and
AIDS and NCDs on individuals,
families, and communities.

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1.2. Linking the Policy Guideline with the National

and International framework
The development of the Policy guide is in line with a number of
International declarations and National Instruments. The Policy guide
should take into consideration, the context of agreed Global goals
on HIV, AIDS and NCDs including SDGs No. 3, UNAIDS guidelines,
agreed Regional protocols aiming for ending AIDS and NCDs by
2030. According to ILO occupational safety and health convention,
1981 no. 155, the work environment should be health and safe
accordingly as is practicable for all concerned parties in order to
prevent transmissions of HIV in accordance with the provision of the
occupational safety and health convention. ILO’s Recommendation
200: Recommendation concerning HIV and AIDS and the world of
work stresses the importance of the protection of human rights of
people living with HIV in the workplace.
At a National level, the guide is aligned and accommodating respective
issues from the Five-year National Development Plan (FYDP 2021/22
– 2025/26), The HIV and AIDS (Prevention and Control) Act No.28
of 2008), The Employment and Labour Relations Act (CAP 366 R.E
2019), CAP 366 of 2016 made under section 99(1)(a), The National
Occupational Health and Safety Policy 2009,National Multi-sectoral
Strategic Framework (NMSF V 2021/22–2025/2026), The Health
Sector Strategic Plan V (2021-2026), National Occupational Safety
and Health Strategic Plan, and The National NCDs Strategic and
Action Plan 2021-2026.

1.2.1. Five Year Development Plan (FYDP III)

FYDP III in the area of Improved livelihood of Tanzanian require
mainstreaming of AIDS issues in core sectors and management of
non-communicable diseases, particularly obesity-related illnesses.
FYDP has set a target to ensure that by 2021/22-2025/2026; 90% of
core sectors incorporate AIDS issues in their strategic plans.

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1.2.2. HIV and AIDS (Prevention and Control) Act.28 of

2008
The HIV and AIDS (Prevention and Control) Act, no 28 of 2008 under
Sec III seek every person, Institution and Organization living, registered
or operating in Tanzania to promote public awareness on causes,
mode of transmission, consequences, prevention and control of HIV
and AIDS. The Act also emphasizes that every Ministry, Department,
Agency, Local Government Authority, Parastatal Organization,
Institution whether Public or Private, to design and implement gender
and disability responsive HIV and AIDS plan in its respective area
and such plan to be mainstreamed and implemented in their daily
activities. Therefore, the development of this Policy guideline adhere
to the calls of the Government as stipulated in the HIV and AIDS
(Prevention and Control) Act.no 28 of 2008.

1.2.3. The Employment and Labour Relations Act (CAP

366 R.E 2019)
The Employment and Labour Relations Act (ELRA) under part III section
7 seek to promote fundamental rights and protection of vulnerable
groups including people living with HIV (PLHIV). ELRA requires
every employer to promote an equal opportunity in employment
and strives to eliminate discrimination in any employment policy or
practice. Also providing inter alia for employers to establish plans and
program promoting equal opportunity, eliminate discrimination in the
work places, and register thereof to the labour commissioner. ELRA
also prohibit Employers to directly or indirectly discriminate against
employees on the ground of HIV and AIDS. Other grounds such as
nationality; tribe or place of origin; race; national extraction; social
origin; political opinion or religion; sex; gender; pregnancy; marital
status or family responsibility; disability; Age; or station of life are also
underlined thereof.
Again, the ELRA-CAP 366 on the Code of Good Practice on HIV and
AIDS at workplace of 2016 made under section 99(1)(a) stipulate the
importance of employer formulating the HIV and AIDS work place
Policy and accommodate critical areas for consideration during

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formulation, dissemination, implementation, monitoring, evaluation

and reporting of HIV and AIDS intervention.

1.2.4. The National Occupational Health and Safety Poli-

cy - 2009
The promotion of Occupational Health and Safety encompasses
provision and maintenance at the highest degree of safe and
healthy working conditions and environment. This is prerequisite for
the facilitation of optimal social, mental and physical wellbeing of
workers at workplaces as well as safety of property. The Policy on
Occupational health and safety promotes the important for sustainable
development of a country, as they reduce occupational accidents
and diseases to include HIV, AIDS and NCDs which can have huge
economic burden to individuals, enterprises and the nation as whole.
In addition, it promotes in improving health and safety of workers
which will significantly increase productivity at the workplaces to
encourage more investments, increase job creation, higher morale,
and job satisfaction hence industrial harmony.

1.2.5. TACAIDS Mandates

Tanzania Commission for AIDS Act, 2001 which mandated the
establishment of the Tanzania Commission for AIDS directs the
commission to formulate Policy guidelines for the response to HIV and
AIDS epidemic and management of its consequences in Mainland
Tanzania. In addition, TACAIDS is required to develop strategic
framework for planning of all HIV and AIDS control programmes
and activities within the overall National multi-sectoral strategy and
foster the National and International linkages among all stakeholders
through proper coordination of all HIV and AIDS prevention and
control programmes and activities within the overall National multi-
sectoral strategy.

1.2.6. The National Multi-Sectoral Strategic Framework

for HIV and AIDS (NMSF V) 2021/2022 – 2025/2026
NMSF V Operational Approaches emphasizes the National response
continue to be multi-sectoral and decentralized involving diverse

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stakeholder at National, Regional, District, communities and sector

levels. It further explains the response to be anchored on the ‘Fast-
Track Commitment to End AIDS’ and focus on achieving the 95-95-95
targets by 2025, i.e. 95% of all people living with HIV will know their
HIV status; 95% of all people diagnosed
with HIV will receive sustained ART; and 95% of all people receiving
ART will have VLS.
NMSF V suggests for development sectors to address the challenges
of the epidemic through internal and external mainstreaming. Internal
mainstreaming will focus more on workplace HIV interventions that
will be closely linked to existing wellness programmes. External
mainstreaming will focus on ensuring that development projects don’t
fuel the spread of HIV
The NMSF V also suggests for a minimum package of services
for internal (workplace) mainstreaming, and key consideration for
external mainstreaming that include a requirement for HIV social
assessment as part of Environmental Impact Assessments (EIA) on
all large/capital or strategic projects.

1.2.7. The Health Sector Strategic Plan July 2021-June

2026 (HSSP V)
The Government through the Health sector continue to provide
health education on the prevention of Communicable Diseases. This
increases public awareness of the prevention, management and
control of communicable disease. The health sector will also continue
with strategies to control communicable diseases of public health
importance, especially HIV-AIDS, hepatitis, malaria, and TB through
integrated services. Increasing integration of services will help to
enhance outputs and impact, e.g., linking HIV and cervical cancer
screening, linking TB and HIV treatment.
On the other hand, there is a strong link between NCDs and social
determinants2 for health. NCDs are rapidly increasing and now
contribute nearly 50% to causes of death in Tanzania. Changes in
lifestyle have led to an increase of NCDs due to feeding/nutrition
2
� Social determinants of health are the conditions in which people are born, grow, live,
and work. They include factors like socioeconomic status, education, neighborhood and
physical environment, employment, and social support networks, as well as access to
health care

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(overweight, cardiovascular disease and diabetes), environmental

factors, air and noise pollution (cancers, mental health, and chronic
obstructive pulmonary diseases), work-related and family life stress
(mental conditions) and travel and work (road traffic and occupational
injuries). Therefore, strengthening inter-sectoral collaboration in
prevention and control of NCDs and their co-morbidities as some
interventions is paramount.

1.2.8. National NCD Strategic and Action Plan 2021-2026

The Government of the United Republic of Tanzania believes every
Tanzanian citizen is entitled to a healthy life and attaches a top priority
to matters related to health. Healthy people enable the country as a
whole to attain accelerated development and achieve the sustainable
development goals (SDGs) as agreed by other nations worldwide.
The data indicate that there is also reported rising burden of non-
communicable diseases (NCDs) within the Country. Therefore,
the emphasis is now shifting from treatment or curative services
to preventive services. Non-communicable diseases such as
cardiovascular diseases, diabetes, cancer and chronic respiratory
diseases which contribute about a third of all deaths in the country
and are a source of an increasing disability in Tanzania. There is also
observed high incident rates of psychosocial health problems such
as stress, fatigue and burnout which calls for concerted efforts of
all stakeholders to ensure the reduction and control of NCDs in the
sector.

1.3. Objectives
To set generic format for employers in preparing and implementing
a policy guide on HIV and AIDS and NCDs and other diseases at
workplace to ensure; -
(i) Provision of knowledge on HIV and AIDS and NCDs and
other diseases at workplaces
(ii) Provision of Care and support services for workers living with
HIV and AIDS, NCDs and other diseases.

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(iii) Creating an enabling environment for workers living with HIV

on ART to retain on treatment
(iv) Elimination of stigma and discrimination against persons
living with HIV and AIDS or affected by NCDs and other
diseases at work place.
(v) Protection of the human rights and dignity of persons living
with HIV and AIDS or affected by NCDs and other diseases
at the workplace.
(vi) Ensure allocation of resources for implementation of the HIV
and AIDS and NCDs and other diseases interventions

1.4. Legal and Regulatory Framework

This guideline is issued under the provision of section 62 of the
Labour institution Act No 7 of 2007, which gives power to the minister
responsible with labour matters, to issue guideline for the proper
administration of the Act. Employer is obliged to formulate a HIV and
AIDS prevention, care and support and Control NCDs policy for as
provided under the following legal instruments and frameworks; -
(a) Employment and Labour Relations (Code of Good Practice)
Rules 2007
(b) Tri-partite Code of Conduct on HIV/AIDS at the Workplace in
Tanzania Mainland.
(c) The Persons with Disabilities Act No. 09 of 2010.
(d) HIV and AIDS (Prevention and Control) act No 28 of 2008.
(e) The Employment and Labour Relations Act (CAP 366 R.E
2019)
(f) Tanzania Commission for AIDS Act No. 22, 2001
(g) The National Occupational Health and Safety Policy,2009
(h) Five Year Development Plan (FYDP III)
(i) The National Multi-Sectoral Strategic Framework for HIV and
AIDS (NMSF V) 2021/2022 – 2025/2026

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(j) National NCD Strategic and Action Plan 2021-2026

(k) The Health Sector Strategic Plan July 2021-June 2026
(HSSP V)
(l) The National Plan of Action for Elimination of Violence against
Women and Children II, 2024/25 – 2028/29 (NPA –VAWC II)

1.5. Key guiding Principles

The key guiding principles in addressing HIV and AIDS, NCDs and
other diseases at work places shall include the following;

1.5.1. Recognition of HIV and AIDS, NCDs and other dis-

eases at Workplace
HIV and AIDS and NCDs and other diseases are workplace issue
and should be treated like any other serious illness/condition in the
workplace. This is necessary because it affects the wellbeing of
institution, employees, their families and communities.

1.5.2. Evidence based generated information

The Employer should consider using reliable data and research
findings to inform policy decision, ensuring the designed HIV and
AIDS, NCDs and other diseases Programs are effective and targeted
towards specific needs of employees.

1.5.3. Gender Equity/Equality

The Employer should recognize the Gender dimensions of HIV and
AIDS at the workplace. Women are most likely to become infected
and are more often adversely affected by the HIV and AIDS pandemic
than men due to biological, socio-cultural and economic reasons.
The greater the gender discrimination in societies and the lower the
position of women, the more negatively they are affected by HIV.
Therefore, the Employer shall ensure that equal gender relations and
the empowerment of women are vital to successful prevention of the
spread of HIV infection and enable women to cope with HIV and AIDS.

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1.5.4. Respect and Protection of Human Rights

The employer should consider all designed HIV and AIDS, NCDs and
other diseases programs and implementations promotes, respect and
protect the human right and dignity.

1.5.5. Safe and healthy work Environment

The Employer should be committed in providing a safe place of work
for his employees. In keeping with this commitment, the Employer will
ensure that all necessary health and safety systems and practices are
in place to protect employees from any undue exposure to anything
that poses a threat to their health and safety while on the job.

1.5.6. Referral and linkages

The Employer will facilitate referral and linkages for counseling,
assessment and any other medical treatment for employees exposed
to the risk of HIV infection, and other diseases or affected by NCDs
whether in the workplace or elsewhere.

1.5.7. Protection against Stigma and Discrimination

The Employer should have a zero tolerance policy on stigmatization
and discrimination against persons known or perceived to be affected
or infected with HIV and AIDS. The Employer should through
its education and training program promote the need to protect
employees from stigma, discrimination and harassment based on real
or perceived HIV or AIDS status and or any other diseases.
The Employer should guarantee that job access, status, promotion,
security and training will not be influenced by the HIV status of any
employee. Redress shall be available for persons who have been
stigmatized and discriminated against through the Employer’s
established grievance procedure, or other appropriate mechanism.

1.5.8. Confidentiality and disclosure

Confidentiality about all health conditions must be respected. This
is in line with privacy of all medical information, including medical
records ad information discussed or identified during encounters

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of workers with health care personnel. The conducive environment

should be created to encourage employee to voluntary disclose their
HIV and other medical conditions status and all information must be
kept under strict confidentiality.

1.5.9. Sexual harassment, abuse and exploitation

In any workplace there shall be zero tolerance to sexual harassment,
abuse and exploitation. Involvement in these vices should be treated
as gross misconduct and where proven, shall lead to disciplinary
actions.

1.5.10. Fair Termination practices

No employee shall be terminated on the basis of their HIV, NCDs
status and Hepatitis B. Persons who are living with HIV and AIDS
and affected by NCDs should be allowed to work as long as they are
medically fit to do so, and performing according to the Employer’s
standards of performance.
If the infected employee fails to maintain agreed standards of
performance in his job due to the effects of their illness, and no suitable
alternate arrangement within the employer can be made, the employer
should resolve the situation in accordance with the recommendations
of the registered Medical practitioner.

1.5.11. Reasonable job Accommodation

The Employer should take responsibilities to the changing health
status of employees by making reasonable accommodation in the
workplace where necessary and appropriate.
The Employer in consultation with the worker(s) and their
representatives should take measures to reasonably accommodate
the worker(s) with HIV and AIDS, NCDs and other diseases related
illnesses. These could include; rearrangement of working time,
special equipment, opportunities for rest breaks, time off for medical
appointments, flexible sick leave, part-time work and Return-to-work
arrangements.

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1.5.12. Health Screening

Employer should not compel an employee or a job applicant to disclose
his or her status or that of any other person after Health screening.
The Employer should provide equal employment opportunities
for qualified candidates on a non-discriminatory basis, and will not
conduct any tests to screen job applicants or employees for HIV or
any other medical condition as a condition of employment, promotion
or training.
However, the employer should promote and facilitate access to
voluntary confidential counseling and testing (VCCT) for all employees
including self HIV testing and other medical screening.

1.5.13. Grievance Procedures

Employer should set procedures for grievance handling in the event
that a work-related grievance resulting from HIV and AIDS stigma and
discrimination arises.

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PART II

2.0. WORKPLACE POLICY AND PROGRAMS ON HIV

AND AIDS AND NCDs

2.1. System strengthening

Employer shall consider setting up systems in place that ensure
a well and coordinated structure that will create a supportive work
environment that reduces stigma and discrimination, promotes
healthy behaviors and provides support for employees living with
HIV and AIDS and NCDs. In addition, the coordinating structure
support the implementation of the Programs from collecting the
evidence information (Conduct baseline assessment), designing and
implementing programs, monitoring and evaluating the program and
reporting.

2.2. Prevention programs

2.2.1. Awareness creation (Education and Training)

The employer in consultation with employees and their representative
should initiate and support programs at workplaces to inform, educate
and train workers about Promoting behavior change, prevention and
management of HIV and other related Diseases such as Hepatitis B
Virus and STIs, care and support, and such training and education
should be part of the annual organization overall plan. The Employer
should consider all groups of people including persons with disability
at work place while providing education and training

2.2.2. Condom Programming.

The Employer should consider designing the programs that promote
education on safer sex practices and giving instruction on consistent
and proper use of condom at the workplaces. The employer should
facilitate the availability and distribution of condoms at the workplace

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2.2.3. HIV Counseling and testing services

The Employer should promote and facilitates access to voluntary
confidential counseling and testing (VCCT) for all employees in
collaboration with any relevant entity. The employer should facilitate
the procurement of self-test kits (Oral-Quick) for employees at
workplaces

2.2.4. Prevention and control of Non-Communicable Dis-

eases (NCDs)
The Employer should consider designing the programs that promote
education and awareness on prevention and control of NCDs at the
workplaces. The employer should facilitate employees to attend
(Public and private) Health facilities and get access to screening.

2.3. Care, treatment and Support Services

2.3.1. Care, Treatment Support and Impact Mitigation

Care and support interventions at the workplace should ensure a
range of services that respond to the needs of workers living with
HIV and for protection against stigma, discrimination and rejection.
The employer should recognizes that employees who are infected
or affected by HIV or AIDS should be granted time off to access or
to provide the necessary care and support for persons associated
with them, who are infected or affected and persons with Disabilities
should be accorded equal treatment with the able bodied employees

2.3.2. Social support and protection services

The employer should ensure promotion of mental health and Psycho-
social support services (MHPSS) for staff living with HIV or affected by
NCDs at workplaces. The employers should also consider developing
an action plan to promote non-discrimination in the employment
practices and register the plan to the Labour Commissioner to ensure
equality, rights and protection of workers living with HIV or affected by
NCDs in the employment practices.

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PART III

3.0. RIGHTS and Responsibilities of SOCIAL

PARTNERS AND STAKEHOLDERS

3.1. The Government

The Government shall:
1) Develop National Policies and guideline on HIV and AIDS
and NCDs in the workplace which serves as a framework for
employers to develop their own Policies
2) Enact Legislation and Regulations to protect the rights of
employees living with HIV and AIDS and NCDs in the workplaces
3) Enforce the HIV and AIDS and NCDs related labour and
employment laws and regulations through due process and
through relevant authorities
4) Provide training and capacity building support to employers to
help them implement the HIV and AIDS and NCDs workplace
Policy effectively
5) Advocate for the rights of employees living with HIV and AIDS
and NCDs
6) Collaborate with employer and other stakeholders to implement
the HIV and AIDS and NCDs workplace policy effectively and
efficiently
7) Ensure monitoring and evaluation of the implementation of the
HIV and AIDS and NCDs intervention
8) Conduct research and collect data on HIV and AIDS and NCDs
in the workplace to inform the policy development and monitor
trends

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3.2. Employers
The employer shall:
1) Develop, implement and regularly update the HIV and AIDS
and NCDs policy guide as per the National frameworks
2) Disseminate the HIV and AIDS and NCDs policy to employees
with consideration of employees with disability
3) Provide education and awareness programs to employees
about HIV and AIDS and NCDs including prevention, testing,
treatment and the importance of non-discrimination and
confidentiality
4) Ensure employees access to HIV and AIDS and NCDs testing,
treatment and support services
5) Promote a non-discrimination environment to employees living
with HIV and AIDS or NCDs
6) Create a supportive work environment that encourages
employees to disclose their HIV, Hepatitis B or NCDs status
without fear of reprisal
7) Monitor the implementation of the HIV and AIDS and NCDs
workplace policy and evaluate its effectiveness.
8) Collaborate with government agencies, NGOs, and other
stakeholders to coordinate efforts in preventing and managing
HIV and AIDS and NCDs in the workplace.
9) Allocate resources to support the implementation of the HIV
and AIDS and NCDs interventions.
10) Employer shall register the institutional policy to the Labour
Commissioner.

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3.3. Employees
The employees shall:
1) Familiarize themselves with the HIV and AIDS and NCDs
workplace policy, including understanding their rights and
responsibilities under the policy
2) Actively participate in education and awareness programs
provided by the employer about HIV, AIDS, and NCDs
3) Practice safe behaviors to prevent the transmission of HIV and
protect the risk of NCDs. This includes practicing safe sex,
avoiding risky behaviors, and maintaining a healthy lifestyle to
reduce the risk of NCDs
4) Respect the privacy and confidentiality of colleagues who may
be living with HIV, AIDS, or affected NCDs
5) Seek regular testing for HIV and screening for NCDs, especially
if they are at risk. If diagnosed, employees should adhere to
treatment plans and seek support from healthcare providers.
6) Contribute to creating a supportive work environment where
colleagues living with HIV, AIDS, or NCDs feel comfortable
disclosing their status and seeking support
7) Report any instances of discrimination or harassment based on
HIV, AIDS, or NCD status to the appropriate authorities
8) Prevent stigmatization against employees infected or perceived
to be affected or infected with HIV and AIDS.

3.4. Stakeholders
The Stakeholders shall:
1) Support the implementation of the Policy by providing technical
assistance, advocacy and awareness raising activities
2) Advocate for the rights of employees living with HIV and AIDS
and NCDs and ensure that the policy is effectively implemented
in the workplace
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3) Conduct research, provide training and capacity building

programs
4) Advocate for and cooperate with tripartite partners to maintain
safe and healthy working environment
5) Networking and collaborations.

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PART IV

4.0 IMPLEMENTATION, DISSEMINATION,

MONITORING AND EVALUATION AND
REPORTING OF THE POLICY GUIDELINE
This part describes the implementation, dissemination, monitoring,
evaluation and reporting of the program implementation, with a view
to ensuring that the program implemented by employers will lead to
the achievement of the intended Outcomes.

4.1. Policy implementation

The option that will be applied in the course of implementation of
this policy to mitigate the HIV and AIDS and NCDs is the tripartite
arrangement

4.1.1. Tripartite arrangement

The implementation of the HIV and AIDS and NCDs workplace
Policy and interventions will be done through the arrangement and
agreement between three parties which are the Government, the
Employer and Employees through their Trade Unions.

4.1.1.1. The Government

The Government will intervene and provide services directly through
PMO-LYED and TACAIDS. The PMO-LYED will be the chair in
enforcing the implementation and ensure inspection to assess
compliance of issues related to health and safety and HIV and AIDS
and NCDs intervention. TACAIDS has been mandated to coordinate
HIV and AIDS in the country. Through its coordination role, it will
collaborate with PMO-LYED and other key stakeholders to ensure
effective implementation of this Policy guide to achieve the desired
results. PMO-LYED and TACAIDS will therefore ensure all identified
stakeholders play their roles as stipulated in this guide.

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4.1.1.2. The Employer

The employer will work in close collaborations with the Government
at all levels and Trade Union to ensure the efficient and effective
implementation of the HIV and AIDS and NCDs intervention. The
employer will ensure allocation of budget for the intervention to be
conducted in the workplace.

4.1.1.3. Trade unions

This is a union or labour organization of workers who have banded
together to achieve common goals. Trade Unions are the trusted
sources of information on healthy and safe work harness to this
experience and capacity to combat HIV, AIDS and NCDs to workers
and their families. Therefore, through trade union, bargains with the
employers on behalf of workers will be done and agreed upon.

4.2. Coordination
Employer should set coordination mechanism by appointing a policy
coordinator or focal Person responsible for coordinating the day to
day HIV and AIDS and NCDs intervention who will be an employee
dealing with employee’s welfare or health related issues at the
workplace. Furthermore, a steering committee shall be created and
capacitated as the major decision making body. The Committee shall
be headed by head of the respective Institution whereas the secretary
to the committee will be the head of human resources section.

4.2. Dissemination
The employer should be committed to regular and formal
communication about HIV and AIDS, NCDs and other diseases
program and its development. Furthermore, the adopted policy should
be made available and communicated to employees in a manner that
they understand.

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4.3. Monitoring and Evaluation

This policy shall be monitored and evaluated by the employer in
collaboration with a policy coordinator/focal person or steering
committee as the case may be. This will ensure that;
1) There is M&E plan and tools for HIV, AIDS, NCDs and other
diseases. Regular monitoring will be done by HIV, AIDS and
NCDs appointed Committee in order to assess progress of
interventions.
2) On annual basis, evaluate the implementation of the HIV, AIDS,
NCDs and other diseases interventions which will be done by
the committee in order to assess results of interventions and
inform the future plans

4.4. Reporting
The employer shall:
1) Provide semiannual report on the implementation of the Policy
including the key activities, achievements, challenges and
lesson learned and submit to PMO-LEYD with a copy submitted
to TACAIDS.

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PART V

5.0. ENRFORCEMENT AND REVIEW OF THE

POLICY GUIDE

5.1. Social dialogue

The successful implementation of the HIV and AIDS, NCDs and
other diseases policy and programmes requires cooperation and
trust between employers, employees and their representative, where
appropriate with the active involvement of workers living with HIV and
AIDS, NCDs or other diseases.

5.2. Policy Review

The employer shall formally review the policy after five years of its
implementation or at any time as may deem necessary in the light of
changing conditions.

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LIST OF ANNEXES:
Annex 1: List of Non –Communicable Diseases
NO DISEASES TYPES OF DISEASES
Heart and Coronary Heart Disease
Cardiovascular Rheumatic Heart Disease
Cardiovascular Accident/Stroke
High Blood Pressure
Diabetes Type 1 Diabetes Mellitus
Type 2 Diabetes Mellitus
Gestational Diabetes Mellitus
Cancer Cervical Cancer
Prostate Cancer
Breast Cancer
Kaposis Sarcoma
Colony Cancer
Esophagus Cancer
Pancreatic Cancer
Mental illness Depression
Stress
Dementia, Schizophrenia, Epilepsy
Asthma Asthma
Inherent diseases Sickle Cell Disease, Haemophillus
Kidney diseases Chronic Renal Failure
Eye disease Cataract
Blindness
Thyroid gland Goitre
diseases

24 HIV AND AIDS AND NON-COMMUNICABLE DISEASES WORKPLACE POLICY

Prepared by the Department of Labour,
in collaboration with the
International Labour Organization (ILO)