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HomeMy WebLinkAboutResolution 1509A Resolution ~1,q;Dtox rte, ~ ! WHEREAS, on December 15, 1981, the City Council of the City of Fort Worth passed Ordinance No. 8486, which provided for the establishment, regulation and maintenance of a merit system now contained in Article V of Chapter 2, of the Code of the City of Fort Worth (1986) as amended;and WHEREAS, Article V of Chapter 2 provides that the Personnel Director shall prepare personnel policies which shall provide for such rules, practices and procedures as may be necessary for the effective administration of the City's Merit System; and WHEREAS, such personnel policies, when approved by [he City Manager, shall be proposed [o the City Council, and the Council may, be resolution, adopt them with or without amendment; and WHEREAS, the Personnel Director and the Public Health Director have prepared revisions to the City's personnel policies now entitled "Personnel Rules and Regulations", which volume is available for inspection and on file as a public record in the Office of the City Secretary; WHEREAS, such revision has been approved by the Ci[y Manager and is hereby proposed to the City Council as an amendment to the City's "Personnel Rules and Regulations"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: That the Ci[y Council hereby adopts, without amendment, the attached revision to Section H-6, "HIV/AIDS and other Communicable Diseases Policy", of the "Personnel Rules and Regulations" to facilitate administration of the City's Merit System, as provided in Article V of Chapter 2 of the code of [he City of Fort Worth (1986) as amended. a7~ Adopted this day of .,~,~ 1990• APPROVED BY CIT1! COUNCIL fEB 27 1990 K~C omacp of ihs Fen WeM,'hao~ crri or roa: wosaw ~~ CITY OF FORT WORTH PERSONNEL REGULATIONS sECnoN H SUBJECT HIV/AIDS AND OTHER COMMUNICABLE REVISION NO. NUMBER 6 DISEASES POLICY EFFECTIVE DATE PAGEI OF 3 DATE APPROVED BY COUNCIL APPROVED BY CITY MANAGER 1.0 Purpose To comply with the Human Immunodeficiency Virus Services Act passed by the Texas Legislature on June 16, 1989. 2.0 Departments Affected All City departments. 3.0 Po_ licy 3.1 It ° is the policy of the City of Fort Worth that no employee infected with the Human Immunodeficiency Virus (HIV) shall be subjected to mandatory testing, shall be removed from employment status, nor shall be deprived of any employment privileges, except for clearly stated, specific and compelling medical or public health reasons. These reasons shall be based upon accurate scientific information. The City will review each HIV/AIDS-related situation on an individual basis. When, in the best interest of the City and employee, the City may take actions based upon prudent administrative considerations and/based upon accurate scientific information. 3.2 Equal Terms and Conditions of Employment Employees with HIV/AIDS infection shall be provided the same rights and equal employment opportunities as employees with other communicable diseases with respect to placement, upgrading, transfer, demotion, promotion, terms and conditions of employment, benefits, pay and compensation, training, layoff, termination or reinstatement, except for compelling medical and/or public health reasons based upon accurate scientific information. Accomodations will be made to keep employees with HIV/AIDS infection employed and productive foz as long as possible. 3.3 Employee Responsibilities All officials, supervisors and employees are expected to perform their duties and carry out their responsibilities without regard to a person's HIV/AIDS status, except when there are compelling medical and/or public health reasons which shall be based upon accurate scientific information. 3.3.1 No official, supervisor nor employee shall refuse to work with an HIV/AIDS infected employee solely on the basis of his/her HIV/AIDS status. If such refusal occurs, and subsequent to being given educational counseling about HIV/AIDS, continues to occur; that person may be subject to disciplinary action. 3.4 Confidentiality ., Based on the Federal Privacy Act, the Texas Commission on Human Rights CITY OF FORT 1M1I0RTH PERSONNEL REGULATIONS secnoN H SUBJECT HIV/AIDS AND OTHER COMMUNICABLE REVISION NO. NUMBER 6 DISEASES POLICY EFFECTNE DATE PAGE 2 OF 2 DATE APPROVED BY COUNCIL APPROVED BY CITY MANAGER Act, and the Texas Communicable Disease Prevention and Control Act, any medical documentation or information provided by an HIV/AIDS-infected employee to medical or management personnel must be considered confidential and private information. As such, employers are forbidden by law to disclose this information without the employee's knowledge and consent, except as required by Public Health laws. 3.4.1 Chapter 81 of the State Health and Safety Code is titled "Communicable Diseases". Section 81.103(j) states: "A person commits an offense if, with criminal negligence and in violation of this section, the person releases or discloses a test result or other information or allows a test result or other information to become known. An offense under this subsection is a Class A misdemeanor." 3.4.2 Section 81.104 of Chapter 81 of the State Health and Safety Code states, in part: (b) A person who.....is found in a civil action [o have negligently released or disclosed a test result or allowed a test result to. become known in violation of Section 81.103 is liable for: (1) actual damages; (2) a civil penalty of not more than $1,000; and (3) court costs and reasonable attorney's fees incurred by the person bringing the action. (c) A person who is found in a civil action to have wilfully released or disclosed a test result or allowed a test result to become known in violation of Section 81.103 is liable for: (1) actual damages; (2) a civil penalty of not less than $1,000 nor more than $5,000; and (3) court costs and reasonable attorney's fees incurred by the person bringing the action. (d) Each release or disclosure made, or allowance of a test result to become known, in violation of this subchapter constitutes a separate offense. (e) A defendant in a civil action brought under this section is not entitled to claim any privilege as a defense to the action. CITY OF FORT WORTH SUBJECT HIV/AIDS AND OTHER COMMUNICABLE REVISION NO. DISEASES POLICY EFFECTIVE DATE DATE APPROVED BY COUNCIL. APPROVED BY qTY MANAGER 3.5 Employee Education The Department of Health and/or the Employee Assistance Program shall provide assistance to departments in handling HIV/AIDS related personnel problems and in educational/training opportunities. 4.0 Procedures/Rules The Human Immunodeficiency Virus Services Act of 1989 requires the development and implementation of workplace guidelines aimed at protecting the employment rights of HIV/AIDS infected persons and educating employees about HIV/AIDS to alleviate co-worker fears and to correct any misconceptions about HIV/AIDS. 4.1 General Employee Guidelines Appendix 5.1 is the workplace guidelines for general City employees. 4.2 Health Department Employee Guidelines Appendix 5.2 is the workplace guidelines for Health Department employees who are at some degree of risk to exposure to HIV/AIDS. 4.3 Fire Department Employee Guidelines Appendix 5.3 will be the workplace guidelines for Fire Department employees. The Texas Board of Health will be promulgating a set of model guidelines for Fire Department employees who handle, care or treat persons with AIDS or HIV infection who are in their custody or under their supervision. Once adopted, an appropriate document will be prepared. 4.4 Police Department Emplovee Guidelines Appendix 5.4 will be the workplace guidelines for Police Department employees. The Texas Board of Health will be promulgating a set of model guidelines for Police Department employees who handle, care or treat persons with AIDS or AIV infection who are in their custody or under their supervision. Once adopted, an appropriate document will be prepared. S.0 Appendix/Appendices 5.1 General Employee HIV/AIDS Workplace Guidelines 5.2 Health Department Employee HIV/AIDS Workplace Guidelines 5.3 Fire Department Employee HIV/AIDS Workplace Guidelines 5.4 Police Department Employee HIV/AIDS Workplace Guidelines .L REGULATI H 6 PAGE 3 OF 3 APPENDIX 5.1 GENERAL EMPLOYEE HIV/AIDS WORKPLACE GUIDELINES 5.1.1 Introduction • Current scientific and medical technology has determined that there is no risk of HIV/AIDS transmission in the normal work setting. Routine daily encounters with co-workers and the public pose no risk of transmitting the fragile blood-borne virus. The City of Fort Worth recognizes that employees with HIV/AIDS may wish to continue to participate in as many of their normal activities as their health will allow, including work. The City of Fort Worth also recognizes that continued involvement in normal activities, such as employment, may be therapeutically beneficial in the remission or recovery process and may prolong the employee's life. Toward the above stated goal, the City of Fort Worth establishes [he following HIV/AIDS policy: It is the policy of the City of Fort Worth [hat no employee infected with the Human Immunodeficiency Virus (HIV) shall be subjected to mandatory testing, shall be removed from employment status • or shall be deprived of any employment privileges, except for clearly stated, specific and compelling medical or public health reasons. These reasons shall be based upon accurate scientific information. Ignorance and misconceptions about AIDS/ARC/SP may lead to denial of the individual's rights and privileges to which the individual is legally entitled. HIV-related policies will be consistent with current information from public health authorities, such as the Centers for Disease Control of the United States Public Health Service, and with state and federal law and regulations. 5.1.2 Definitions a. "HIV" stands for Human Immunodeficiency Virus. HIV destroys a person's defenses (immune system) against infections. Once infected with HIV, a person may remain without symptoms for a long period of time, but is able to infect others through sexual or direct blood contact. As the disease progresses, the immune system can become so weakened that a person may eventually develop life threatening infections and cancers. b. "AIDS" (Acquired Immunodeficiency Syndrome) is the final stage of HIV infection. It is a serious condition characterized by a defect in the body's natural immunity system against disease. With this loss in the body's normal immune response, the individual falls prey to a host of what • are called "opportunistic infections". These are unusual infections or tumors not ordinarily seen in otherwise healthy individuals. c. "ARC" stands for AIDS-related complex. ARC is a term that is used to characterize an AIDS-related condition that carries a significant but still imprecisely determined likelihood of progression to AIDS. Individuals with ARC have been infected with the AIDS virus (HIV). d. "SP" stands for sero-positivity. SP refers [o individuals who have been exposed to HIV but who display no physical symptoms. e. "Accurate scientific information" means current information from public health authorities, such as the Centers for Disease Control of the United States Public Health Service. 5.1.3 Purpose These guidelines delineate the means whereby the City of Fort Worth will ensure its workforce becomes informed about HIV/AIDS, [hat HIV/AIDS-infected individuals at the workplace will not be subjected to discriminatory treatment because of their HIV/AIDS condition, that confidentiality is maintained when dealing with HIV/AIDS matters and that HIV/AIDS-infected individuals will enjoy all the privileges and entitlements afforded to employees with other communicable diseases. 5.1.4 Policy It is the policy of the City of Fort Worth that no employee infected with the Human Immunodeficiency Virus (HIV) shall be subjected to mandatory testing, ehall be removed from employment status, nor shall be deprived of any employment privileges, except for clearly stated specific and compelling medical or public health reasons. These reasons shall be based upon accurate scientific information. The City will review each HIV/AIDS-related situation on an individual basis. Accomodations will be made to keep employees with HIV infection employed and productive for as long as possible. When, in the best interest of the City and employee, the City may take actions based upon prudent administrative considerations and/or compelling medical and/or public health reasons which shall be based upon accurate scientific information. 5.1.5 Terms and Conditions of Emolovmen[ a. Employees with HIV/AIDS shall be provided the same rights and equal employment opportunities as employees with other communicable diseases with respect to placement, upgrading, • transfer, demotion, promotion, terms and conditions of employment, benefits, pay and compensation, training, layoff, termination or reinstatement, except for compelling medical and/or public health reasons which shall be based upon accurate scientific information. b. No City department, commission/board or agency shall require its employees to undertake a screening for HIV/AIDS. The Department of Health will annually provide voluntary screening for employees in high/moderate risk job classifications at the City's expense. In special cases where an employee has experienced possible HIV/AIDS exposure as a consequence of job activities, the employee may also request screening at the City's expense. The HIV/AIDS screening results shall be confidential and the employee's rights to privacy shall not be violated. c. No official, supervisor nor employee shall refuse to work with HIV/AIDS-infected employee solely on the basis of his/her HIV/AIDS status. If such a refusal occurs and, subsequent to being given educational counseling about HIV/AIDS, continues • to occur, that person may be subject to disciplinary action. (1) If an employee refuses to work with an HIV/AIDS-infected employee, the supervisor will arrange a time to meet with the employee to discuss the reasons for his/her action. If the supervisor believes the problem is grounded in ignorance or misinformation about HIV/AIDS, the employee will be referred to the Public Health Department to receive counsel and information on HIV/AIDS. (2) The time spent counseling and educating an employee will be recorded as work time. If immediate counsel is not available, reasonable attempts will be made to reassign the employee until such counsel and education can be accomplished. If after receiving counsel and, no medical and/or public health reason which justifies refusal to work with an HIV/AIDS-infected employee exists, and an employee continues to refuse to work, such behavior constitutes insubordination and appropriate disciplinary action up to and including termination will be taken. . d. With the onset of HIV/AIDS-related symptoms, the employee is responsible for providing medically verified information relating to the ability to be available for or to perform work. Employees known to have HIV/AIDS shall not have their job assignments unreasonably modified. Exceptions may be made by the Director of Personnel in consultation with the Director of Health. Exceptions shall be based upon accurate scientific information. e. Supervisors and employees should not engage in discrimination against persons with HIV infection, unless based on accurate scientific information. HIV/AIDS-infected employees who believe their HIV condition is the basis of decisions being • made by supervisory personnel should call [he Personnel Representative assigned to his/her department for assistance. If warranted, a formal discrimination complaint may be filed and the incident will be investigated by the Personnel Department. 5.1.6 Confidentiality a. Based on the federal Privacy Act, [he Texas Commission on Human Rights Act, and the Texas Communicable Disease Prevention and Control Act, any medical documentation or information pzovided by an HIV/AIDS-infected employee to medical or management personnel must be considered confidential and private information. As such,. employers are forbidden by law to disclose this information without the employee's knowledge and consent, except as required by Public Health laws. b. With the consent of the HIV/AIDS-infected employee, or as stipulated otherwise, appropriate officials such as medical staff, personnel representatives, and/or direct supervisors . may be informed. Anyone whc has access to confidential information is charged with maintaining strict confidentiality and privacy. Any employee of the City who violates the HIV-infected employee's rights has committed a serious offense. This breach of privacy may be cause for litigation, resulting in both civil and criminal penalties. c. Any employee, regardless of position or nature of association, if any, with an HIV/AIDS infected employee, who reveals information which either breaches the City's policy on confidentiality about HIV/AIDS situations or "discriminates against an employee or refuses to work with a employee solely on the basis of that employee's alleged HIV/AIDS status" will be subject to appropriate disciplinary action up to and including termination. (1) Employees who believe a breach of confidentiality has occurred or a malicious attempt to label an employee as an HIV/AIDS infected individual has occurred should contact the Personnel Representative assigned to his/her department. An inquiry into the matter will be conducted by the Personnel Department and based upon the information gathered, appropriate action will be taken, including disciplining any persons who violate this policy. c~. i''l'-infected employees who disclose the m medical condition to co-workers severely thwart any possible liabilities which co-workers might have had in regard to violating this policy. Self-disclosure may render subsequent allegations of beaches • of confidentiality null and void. 5.1.7 Employee Education The Human Immunodeficiency Virus Services Act requires [he City to provide and all employees to receive some education about methods of transmission and methods of prevention of HIV infection and related conditions. a. Within the City of Fort Worth some employees operate in high/moderate HIV/AIDS-infection risk job classifications. These employees will receive specific education and training that will be provided by the City's Department of Health. High/moderate risk job classifications generally involve the Health Department and Public Safety employees. b. Non risk job classifications involve the majority of the City's job classifications. These employees shall also receive education about HIV/AIDS through new employee orientation and general HIV/AIDS informational materials. • c. The Department of Health and/or the Employee Assistance Program shall provide training and assistance to managers and supervisors in departments in handling HIV/AIDS related personnel problems and in educating/training employees. d. Counseling shall be available for HIV/AIDS-infected employees, their dependents, relatives and co-wozkers by contacting the Employee Assistance Program or the Department of Health. Such counseling shall be confidential. e. Information and training materials about HIV will be prepared by the Department of Health and [he Employee Assistance Program Coordinator. Such materials will include printed media, videotaped presentations, and staff presenters. This information will address the five (S) areas cited in the model guidelines promulgated by the Legislature: (1) (2) (3) (4) <S) Modes of Transmission Methods of Prevention Behaviors Related to Substance Abuse Laws Concerning the Rights of HIV/AIDS-infected Individuals Behaviors Associated with HIV Transmission which are in Violation of Texas Law f. Printed materials will be distributed to City employees and education classes will be scheduled for the benefit of those employees who wish to become better informed about HIV/AIDS. Health Department staff and the Employee Assistance Program Coordinator will be available for personal counseling for employees, their dependents and relatives. APPENDIX 5.2 HEALTH DEPARTMENT HIV/AIDS WORKPLACE GUIDELINES 5.2.1 Introduction . AIDS stands for Acquired Immune Deficiency Syndrome. It is a deadly illness caused by a virus that destroys the body's immune (defense) system, making the person unable to fight certain rare infections and cancers. AIDS is caused by a virus call Human Immunodeficiency Virus (HIV). Once infected with HIV, a person may remain without symptoms for a long period of time, but is able to infect others through sexual or blood contact. Ignorance and misconceptions about AIDS/HIV may lead to denial of individual's affected with HIV the same rights and privileges held by other individuals with communicable disease, including the rights to accessing medical care, confidentiality and nondiscrimination. By expanding our present infection control guidelines, these policies/procedures will provide employees of this department with a constructive system for dealing with AIDS, especially as it affects the workplace. 5.2.2 Purpose This policy will address an educational program, voluntary testing and rules regarding the confidentiality of the results of testing. 5.2.3 Policy In compliance with the Human Immunodeficiency Virus Services Act of 1989 and in our efforts to allay fear and misconceptions in [he workplace, this policy is established to provide an educational program for all employees of the Health Department while maintaining confidentiality of the results of testing. 5.2.4 Objectives a. To provide education in the HIV/AIDS policy/procedures through scheduled training meetings to 100 of current Health Department employees between April 1, 1990, and September 30, 1991. b. To provide education in the HIV/AIDS policy/procedures through scheduled training meetings to 100 of all new employees hired after April 1, 1990, within three months of their employment date. .:. c. To offer voluntary testing to current and new employees who are at an increased risk of being exposed to HIV/AIDS because of their job classification. d. To treat results/information regarding HIV screening in a confidential manner. e. To provide HIV education to 1007> of patients/clients receiving • direct patient care in the Maternity ~ Family- Planning clinics, Se xually-Transmiited Diseases (STDs), Tuberculosis Control and the HIV/AIDS programs in the Health Department. 5.2.5 Employee Education a. All Health Department employees in high/moderate risk job classifications (see under HIV testing below) will be required to attend an educational program, lasting not more than two (2) hours. The training program will allow time for individual employee concerns to be raised and addressed. All supervisors in the Health Department will be required to attend comprehensive training that includes, in addition to the contents of the training program outlined under b below: (1) Personnel management, including relevant policies, such as use of Employee Assistance Program (EAP) C2) Development of staff problem-solving skills b. Topics that will be covered will include, but not limited to the following: -~. (1) What AIDS is and what causes AIDS (2) How the Human Immunodeficiency Virus is or is not transmitted (3) Who is at risk and what behaviors are likely to increase that risk (4) Current laws and regulations concerning the rights of an HIV/AIDS infected individual: (a ). the right to confidential medical and personnel files; (b) the right to privacy (not divulging information about a person's health or lifestyle without that person's knowledge or consent) ('c) nondiscrimination (providing all privileges and opportunities available to any employee with a communicable disease) (5) Methods of prevention (6) Occupational precautions 5.2.6 HIV Testing a. Voluntary testing will be offered once a year at the Health department's expense to employees in job categories considered to be associated with high/moderate risk of exposure to HIV/AIDS. • .Testing will also be offered to employees after possible exposure on the job (see procedure for HIV screening for on the job exposure, 5.2.11). (1) High Risk Job Categories: (a) Laboratory staff exposed to blood or blood products (b) Dentists and Dental Hygienists (c) Phlebotomists (d) Nurse practitioners, some refugee health staff, sexually transmitted disease and epidemiology staff regularly exposed [o blood, blood products or body fluids. (e) Public safety workers (2) Moderate Risk Job Categories: • (a) Medical service physicians (b) Staff nurses and nursing assistants (c) Dental Assistants 5.2.7 Confidentiality The results regarding HIV screening will not be released except with the written consent of the employee. Any other employee having knowledge of the HIV results of a fellow employee must treat the information in a confidential manner. 5.2.8 Workplace Safety Persons with HIV/AIDS do not pose a health risk for co-workers because the disease is not transmitted through casual contact. Employees who are in the high/moderate risk categories for contracting AIDS because of contact with blood, or blood products and/or body fluids should take the appropriate precautions to protect against an infection, as outlined in the Department's Infection Control Manual. 5.2.9 Education of Patients and Clients All patients/clients receiving direct patient care in the Maternity and Family Planning clinics, Sexually-Transmitted Diseases and Tuberculosis Control and the HIV/AIDS programs will be provided with • education on HIV/AIDS. Education will be through the use of brochures, pamphlets, patient hand-outs, audio-visual presentations and/or use of bulletin boards as appropriate for each facility or groups of patients/clients. The patient education will, at the minimum, include definitions of HIV infection, methods of transmission, high risk behaviors and safer sexual practices. Information will be given on the availability of confidential HIV testing. 5.2.10 Patient Confidentialit The federal Privacy Act, the Texas Commission on Human Rights Act, and the Texas Communicable Disease Prevention and Control Act prohibit the release of any medical documentation or information related to cases or suspected cases of diseases, except as provided by law, without prior knowledge and cdnsen[ of the person/patient. All Health Care Worker's will be required to comply with this law. 5.2.11 Management of Accidental Exposure to Blood and Bodv Fluids a. All accidents involving exposure of employees or patients to blood y and body fluids will be referred to the Assistant Director for • Health services or designee for evaluation and appropriate action to reduce the risk of transmission of HIV and other blood/body fluid-borne infections. b. To insure timely and appropriate risk assessment of staff accidentally exposed to potentially infectious blood and body fluids. A Health Care Worker involved in accidental exposure shall follow these procedures: (1) Health Care Worker washes the exposed area immediately and reports the incident to his/her supervisor. (2) The Health Care Worker's supervisor shall notify the Assistant Director/Health Services of the accidental exposure to blood or body fluids and complete an incident form and submit it to the Assistant Director for the files. (3) Assistant Director/Health Services or Designee shall: (a) Refer both individuals involved in accidental exposure (exposed and source case) to HIV Services Counselor _ for risk assessment and baseline tests (baseline tests may include HIV and Hepatitis B). (b) Obtain signed and dated "refusal of treatment" statement from either party refusing screening and counseling services. (4) HIV/AIDS Services Counselor shall: (a) Explain departmental procedures governing accidental exposures and explain consents for risk assessment and HIV antibody tests. (b) Assure each of confidentiality of medical information and HIV antibody Lest results. (c) Obtain appropriate consents and does risk .assessment and serologic evaluations. (d) Obtain informed consent from source case 1. Interviews source case and administers risk assessment • 2. Obtains HIV antibody test <Baseline blood test)