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FPM Letter 792-21
OfAke of Pesonnel Management
federal Personnel Manual System
O*lM lteter 792-21
'l T, Acquired Immune Deficien
i" in the Workplace
of Departments and Independent
Ih Of8fce of Personnel Management (OPM) gui dance in r on Acquired Immune
Virhle Syndmme (AIDS) in the workplace. Sn ie ical approaches to the
W* a AIDS and human immunodeficiency vi the lives of persons with
"~ Ssay the oast of some infections for HIV- There is still no cure for AIDS
Sadvances in teament, individuals with the infection are often able to remain in the workforce
tpeomds of time. This development makes it even more imperative that there be informed, fair
personnel policies and practices in the workplace, especially among managers and
.. who have responsibilities for day-to-day human resource management.
A ihed is an update of FPM Bulletin 792-42, March 24, 1988. Our guidance remains the same with
liSsued emphasis on training for all employees, especially for supervisors, regarding the medical and
iimel .management aspects of AIDS/HIV infection. Due to the extensive availability and changing
i fi~n fouation on AIDS, we have deleted the listing of pamphlets, posters, and audio-visual
iiiIan which appeared in the 1988 guidance. However, current information may be requested from
irmses listed under section im.
b wll continue to maintain a clearinghouse for agency AIDS policy statements and associated
i. We ask that agencies send copies of any new or revised policies to:
Chief, Employee Health Services Branch
U.S. Office of Personnel Management
1900 E Street, NW.
Washington, DC 20415
Constance Berry ewman
*s Office of Employee and Labor Relations, Personnel Systems and
Oversight Group, (202) 606-1269/ (FTS) 266-1269
792, Federal Employees Health and Counseling Programs
0wde: Basic FPM
tr I l
Attachment to FPM Letter 792-21
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ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND HUMAN
IMMUNODEFICIENCY VIRUS HIV) IN THE WORKPLACE
GUIDELINES FOR AIDS/HIV INFORMATION AND EDUCATION
AND FOR PERSONNEL MANAGEMENT ISSUES
Office of Personnel Management
Office of Employee and Labor Relations
These guidelines were first published in March 1988 and distributed by FPM Bulletin
792-42, March 24, 1988. The republished guidelines contain no policy changes; some
editorial changes have been made and Section III, AIDS INFORMATION SOURCES, has
Ancmet FP ete 9-2 2
AMS N TH WORPLAC
Tiinomtoangudnei-eindt s Fdtlagnisi sliiigefeO
edcto rgasadi fila4'feft anln IStn esw
workplace.ii Inti-udne'h emADi ia otfrefyt hZnrAO
toCiial fnsdAD s- eia o~1V(ua
th icsini eern oterneofmddfcrdtoswihM]edest
Imuooia n/rnuooiaimareti'ayM neiaW t-il
L __eilsise ytePulcHatSries erpfrDsaeCnrl'
in..................... th oklc saeta tekn fnosxapro -opro oz al t
,Wresadcins rcnuesi te|~lcde o oeats b
'MerfrHV-netdepoessol eilwdti niu okn slov
maitai acetbepromneaddnt os aq'rhat ua
ptb ~ 4 be'
wokpae.Ifprfrraceorsfey rse a/clS
exstng Fdra ad gnc prsnnlpoicesLndptdi S i"-p-4
dis~ussg te, Pbli Heltherv~s uidlinb fo holth-areworers
Attachment to FPM Letter 792-21 (3)
A. Timing and Scope of AIDS Infk
AIDS information and education pr
arises relative to AIDS and employee
employees' level of receptivity to ac
open communications and when a
Education and information should b
management's commitment to open c
AIDS. By providing AIDS informed
abt the nature and transmission oi
education and information efforts
lii o rml management directives, m
a m..mer sessions, films and video-tap
au1.ii ind brochures are likely to be effect
iddl::i:: lon, employees should be made
i SIDA in Spanish) as a source ofco
Em loee Assistance Prorams
nation and Education Efforts
ograms are most effective if they begin before a problem situation
e concerns. Experience in the private sector has demonstrated that
curate information will be higher when management has a policy of
educational efforts are initiated before a problem situation occurs.
e of an ongoing nature. This approach will reassure employees of
communications and employees will receive updated information about
Ion to all employees, agencies will enhance employees' understanding
may be carried out in a variety of ways. Agency news bulletins,
meetings with employees, expert speakers and counselors, question and
es, employee newsletters, union publications, fact sheets, pamphlets,
tive means of providing information to employees about AIDS. In
aware of the National AIDS Hotline (1-800-342-AIDS or 1-800-344-
for employees who have personal concerns about AIDS, agency employee assistance programs (EAPs)
:n be an excellent source of information and counseling, and can provide referrals, as requested, to
~.iummnity testing and counseling services, treatment, and other resources. EAPs can also provide
ni~n g to employees who have apprehensions regarding the communicability of the disease or other
illd concems. Because EAPs are in a unique position to offer information and assistance, agencies are
.ihiioraged to establish AIDS information, counseling, and referral capabilities in their EAPs and to make
employees and supervisors aware of available services. In addition, EAPs can be a good source of
amigrial/supervisory training on AIDS in the workplace. As with other services provided by the EAP,
:,ridt adherence to applicable privacy and confidentiality requirements must be observed when advising
Ipployees with AIDS-related concerns. In addition to services provided by the EAP, the agency's
giupational health program, health unit, or medical staff should be prepared to assist employees seeking
.irmation and counseling on AIDS.
EL Training and Guidance for Managers and Supervisors
Supervisors and managers should be prepared to deal with employee concerns and other issues related to
AIDS in the workplace. Agencies should consider, therefore, conducting ongoing training and education
programs for their managers and supervisors on the medical and personnel management dimensions of
AIDS. These programs can be used to educate managers and supervisors on the latest research on AIDS
in the workplace, to provide advice on how to recognize and handle situations which arise in their
organizations, and to convey the importance of maintaining the confidentiality of any medical and other
information about employees' health status. In addition, managers and supervisors should be given a point
of contact within the agency where they can call to obtain further information or to discuss situations
which arise in their work units. Agencies should attempt to initiate training and guidance activities before
Attachment to FPM Lener 792- 21
E. Sources of Information and Edudalb"16t&ia
Consliderable, information about AMS 10 wg1bW, 10 F6ftrd, a&Wk$. OPM
explore various sources of information Ani W *0 abreast of ft lant,"
wdil#ace. Ile U.S. Public HMth ftivie 01Wtw 4&elvpard 1huch 0
AsFvcts of AIDS. Ifformadog, about AJD9, tof jj,6 by *Wos(mg it ftqoWVM-,
lqWonal AIDS Information C1earinf0oute ,no A- ".IR60
458-523 1. PHS of fim am lacWA hmu'gAotiiA' a, *d can bi&
to AIDS. (See section M f6r 4 lisdMI lwl
OMMunities hav'e AIDS' edueadonaL Od,dM aW-tmatme* resourcli"
FL PERSONNEL MANAGEMIENVWMMAND, CONSIDERATMNS
.64AMS becomes a mattt of CDAWMJ t1W'1,*4,QrkjAaW, a Vt!Uy, 0
P];o In Mu, 2, ovu ass,
b-y conte, ofti a$t*
Wed issue, addtheageppys 4W*n*,pd1j0es and needs.
emp1qyeOm4ydevd1qp 0,44,kty-Jof me" am.
ATDS. A' "" t -M-1 I
`ah t someOio it''WCO, Y Oftso 4$14
4XLO# 11kon T,*d po
,canpe. OrE an
the, dit Wpg 1W
the,,bidploi -wbich,11w, dW"
Aoe. However0wheii, ft A, "Otp
for, 1, 04bi 1:14
"j*di"U& of, *o tuft btftdWIMIA
1heirconditiog, 1d, b',*
A *,t U 4
Attachment to FPM Letter 792-21 (5)
the purposes of an employment decision and made part of the file pertaining to that decision becomes a
S'"scord" covered by the Privacy Act. The Privacy Act generally forbids agencies to disclose a record
which the Act covers without the consent of the subject of the record. However, these records ar
aiiable to agency officials who have a need to know the information for an appropriate management
p pose. Officials who have access to such information am required to maintain the confidentiality of that
u ifimatlon In addition, supervisors, managers, and others included in making and implementing
i mi srae' management decisions involving employees with AIDS should strictly observe applicable
jpi vacy and confidentiality requirements.
i ileiave iiAdministration
I!i Mi ecled employees may request sick or annual leave or leave without pay to pursue medical care or
It'!i .. epe,: ra.t from the ill effects of their medical condition I these situations, the agency should make
,, l s i dflenination on whether to grant leave in the same manner as it would for other employees with
ii S; dial conditions. In addition, HIV-infected employees should be advised that they may be eligible to
i; iiip: i ate in the agency's leave transfer or leave bank programs.
i,,,.,,. D, ..anC.s. m in Work Assimnmet
iil enmiea considering changes such as job restructuring, detail, reassignment, or flexible scheduling for
V:nfc,: ted employees should do so in the same manner as they would for other employees whose
H:.I: ,~I iledo : conditions may affect the employee's ability to perform in a safe and reliable manner. In
tI: a ssiidering changes in work assignments, agencies should observe established policies governing
iiiii location requirements, internal placement, and other staffing requirements.
I l ,: A R &.. n loee Conduct
I i am ::ii ay be situations where fellow employees express reluctance or threaten refusal to work with HIV-
C l:.e":i '! employees. Such reluctance is often based on misinformation or lack of information about the
I. :,ii lisia n of HIV. There is, however, no known risk of transmission of HIV through normal workplace
!'ii l:::i ;.i[l'iiI according to leading medical research. Nevertheless, OPM recognizes that the presence of such
i t :llllll !iui;naddressed in an appropriate and timely manner, can be disruptive to an organization. Usually
!:i:: ,iagecy will be able to deal effectively with such situations through information, counseling, and other
aii.l Aii.i' s. However, in situations where such measures do not solve the problem and where management
iii; detmi;nes that an employee's unwarranted threat or refusal to work with an HIV-infected employee is
mIllii':,!! :'ipeding or disrupting the organization's work, it should consider appropriate corrective or disciplinary
Sic tn against the threatening or disruptive employeess. In other situations, management may be faced
*i* 1!!!,:ian HIV-infected employee who is having performance or conduct problems. Management should
'!iiiii 'i with those problems through appropriate counseling, remedial, and, if necessary, disciplinary
;esuls:.i;:l: iiiU s. In pursuing appropriate action in these situations, management should be sensitive to the
+:p: i ibl, e e contribution of anxiety over the illness to work behavior and to the requirements of existing
S:i deral and agency personnel policies, including any obligations the agency may have to consider
easonable accommodation of the HIV-infected employee.
M: .i.. j
Attachment to FPM Letter 792- 21 ,(6)
f4V-Infected em yees can coDtijiueTdw!rcpvM,' gj
Program and/or the Federal Exnployees' Ova4p tik
other pm'ployees. 'Meir con0nued partic io W;
jeppardized. solely because offtirjne icalwAMWL
lor jnpdically nmessoy health. care services, oo Joi
cpWition. *Similarly, the death bepefitsp
))PQause of the individual's curr&nthe.alib" IOOWIVetfll
WOP) -status, for 12 continue inprabs f m "ptial b$'
ft j1O. 46
$4e, privile conversion to a pnyate policy Vith i oW
Fm pes Who lose FEHBCQVZXW t3POU K 'm
JIDY M F lorAl
10.g9vera for u to, 1-8motill
hout un, et 1 4,a"
,, w, W, poli0y, wit, EM
-'T- T, ip I I I I Piq
-plin ons and/orpbtailn-.additional!lovos, F I eq V ,
*-qyy gm in
Of, ]F,,'deral Employ Oroup, Life nsuw, O -fly
to= of any serio
oymp us an
maybLe,,,e*'P1'cLTfbtT-, 'MJR zef OoLt01-*
-s Of .4, qx
r'e'q"',' e Yx" wa
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an W104 A *41
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A V ran&
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Attachment to FPM Letter 792- 21 (7)
S general infonnation and specific recommendations not addressed in the 1988 update. The Department of
Health and Human Services (HHS) and the Occupational Safety and Health Administration (OSHA) of
the Department of Labor have initiated a program to ensure compliance with safety and health guidelines
and standards designed to protect health-care workers from bloodbome diseases, including AIDS. See
Dpamnment of Labor/Department of Health and Human Services -- Joint Advisory Notice: Protection
Asist Occupational Exosure to Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (HIV).
52 fd. Reg. 41818 (October 30, 1987). The CDC and OSHA/HHS guidance is intended to increase the
availability and use of educational information and personal protective equipment and to improve
i#orkplace practices bearing on the transmission of AIDS and other bloodborne diseases. OPM strongly
Ieouraiiges agencies, especially those with employees occupying health-care and related positions, to
ea!!ttsh health and safety practices consistent with this guidance. Sources are available in OSHA to
iiiii', il the published guidelines. In addition to these guidelines, the Department of Labor has published
pipeaiiOi! regulations on Occupational Exposure to Bloodbome Pathogens: Proposed Rule and Notice of
,', Federal Register 23042, dated May 30, 1989 which contain useful information on occupational
H11 ague o HIV.
iilll; !;;ii:: HWood Donations
: iit area of personnel management which agencies may overlook when considering AIDS policies and
;;;i rtices is employee blood donations. OPM joins the American Red Cross in urging agencies to
encourage employees to consider donating blood. Under guidelines established by the American Red
CO: c .... tewe is no risk of contracting AIDS from giving blood. However, fears associated with AIDS have
I atiibuted to a situation where many of the nation's blood banks are in short supply. This situation
tiilatens the health status of the American public.
lllllla!!;;; di:", ::.... ... .....
Ai pWI lt of its effort to educate the public so as to overcome these fears, the American Red Cross has
puid ,:: a number of publications which address blood donations where AIDS is an issue. These
i l'i iii, i m are available through your local Red Cross chapter or by contacting the Red Cross National
.. ia. later AIDS Public Education Program (by writing to 1709 New York Ave., N.W., Suite 208
: a'dhinton, DC 20006 or by calling (202) 639-3223).
..: ... .. : .. :
!tabett P Lte 9-2 8
M ............... ............... ....
'US uli elh evc
20 neednc v. W:
Wm i ,I) 00
Leaignyi h itiuino'M#fVW
maeil aebcpeae yP n r vibe pbeito,_-
-N aioalAIS nfrmtin lengous.Th lewngoup,(N'abteabe
P.0 Bok 600
ifice aesond k8 ~blcatow~t' a6 `vai fib Y~rwsdil
"AID'"Udate a~etidicnq* hiilqu, cn beobtined frm-.
Attachment to FPM Letter 797- 21 (9)
Public Health Service
Regional Health Administrators
Connaecticut, Maine, Massachusetts, New
Hampshire, Rhode island, Vermont
Is:C: y, New York. Puerto Rico, Virgin
,Illlll!!;:"iiiiiDistrict of Columbia, Maryland,
Panuaylvania, Virginia, West Virginia
b i miM a, Florida, Georgia, Kentucky,
uiasiiii.ppi, North Carolina, South Carolina,
i,", JIndiana, Michigan, Minnesota, Ohio,
I/ ll-b a k ,.:. .... .. .... ...
::iKansas Missouri, Nebraska
;ili J^^;i;"I"i:'liI Kansas, Missouri. Nebraska
John F. Kennedy Federal Building
Boston, MA 02203
(617) 565-1426 (FTS) 835-1426
26 Federal Plaza, Room 3337
New York, NY 10278
Gateway Building #1
3535 Market Street
Mailing Address: P.O. Box 13716
Philadelphia, PA 19104
101 Marietta Tower, Suite 1106
Atlanta, GA 30323
(404) 331-2316 (FTS) 841-2316
105 West Adams Street
Chicago, IL 60603
1200 Main Tower Building
Dallas, TX 75202
(214) 767-3879 (FTS) 729-3879
Federal Office Building
601 East 12th Street, 5th Floor
Kansas City, MO 64106
(816) 426-3291 (FTS) 867-3291
ii,, i.:" : : :;ii: .: : |:
ii iii i iir:
Atahmn to/MLte/72 1 (0
Coordo Mntna Nrt Plcla Sut 161st std, thvk
Dakoa, tahWyoing mve, CO WV !
(303)844-10A O "464
Ameia Sma fo "iQmFerlOt e Slm
Haai Neaa rs ertr f" ~ii oUiewdu %
Isladsommnweath f'Nrthe N~riaa Sa~ra~js, C
Attachment to FPM Letter 792- 21
2. Deartment of Labor
Occupational Safety and Health Administration
Room South 2316
200 Constitution Ave., NW.
Washington, DC 20210
Establishes and enforces health and safety standards in the health care workplace. Trains health and
safety inspectors in applying OSHA guidelines.
flfBa nf Prronnnel Manauement
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Administers the Federal
assistance and support to
b. nerican Red Cross
American Red Cross
AIDS Public Education Program
1709 New York Ave., NW.
/ Suite 208
Washington, DC 20006
or call local chapter
Provides educational material on AIDS/HIV, especially questions regarding blood donations and the
general safety of the nation's blood supply.
C. Other Resources
There are many community-based treatment, educational and advocacy groups involved in
AIDS/HIV issues which are too numerous to list but can provide valuable assistance and
information to an agency's AIDS programs. In addition to this resource, each state and local
public health department will have an AIDS/HIV program or coordinator.
* U.S. G.P.O.:1991-282-341:40111
Personnel Systems and Oversight Group
Office of Employee and Labor Relations
Office of Personnel Management
1900 E Street, NW.
Washington, DC 20415
(202) 606-1269 (FTS) 266-1269
Establishes personnel management policies for the Federal sector.
employee pay, retirement, and benefits programs. Provides technical
agencies in administering their personnel programs.
UNIVERSITY OF FLORIDA
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