GBEBA - Staff - HIV, AIDS and HBV

Code: GBEBA
Adopted: 8/13/97
 

The district will strictly adhere in its policies and procedures to the Oregon Revised Statutes and Oregon Administrative Rules as they relate to staff infected with HIV, AIDS or HBV[1].

The district recognizes a staff member has no obligation under any circumstance to report his/her condition to the district and the staff member has a right to continue working.

If the staff member reports his/her condition to the district, strict adherence to written guidelines outlined by the staff member shall be followed.

These guidelines shall identify who may have the information, who will give the information, how the information will be given, where and when the information will be given.

When informed of the infection, and with written permission from the staff member, the district will develop procedures for formulating an evaluation team.  The team shall address the nature, duration and severity of risk as well as any modification of activities.  The team shall continue to monitor the staff member’s condition.

The district will make every effort to protect the confidentiality rights of the staff member.  Disclosures will be permitted only as expressly provided by law.  Reasonable accommodations as may be necessary will be provided.  Such accommodations will be based not only on the individual’s right to be free from discrimination but also on the right of employees and students to be protected from legitimate health threats.

A staff member with HIV, AIDS or HBV shall not pose a direct threat (significant risk of substantial harm) to the health and safety of the individual or other staff and students in the workplace.  Any such determination made by the district will be based on objective, factual evidence regarding the individual’s ability to perform essential job functions.  The district will consider whether the risk can be eliminated or reduced with a reasonable accommodation.

The district shall also develop policies and/or procedures for rumor control, infection control, staff accommodations and public relations/media.


[1] HIV - Human Immunodeficiency Virus

 AIDS - Acquired Immune Deficiency Syndrome

 HBV - Hepatitis B Virus


Legal Reference(s)

ORS 243.650
ORS 342.850 (7)
ORS 433.008
ORS 433.045
ORS 433.260     
OAR 333-012-0270
OAR 333-017-0000 (40)
OAR 333-018-0000
OAR 333-018-0005
OAR 333-019-0015
OAR 581-022-0705