Common use of Permissible testing Clause in Contracts

Permissible testing. (a) An employer may provide testing to an employee who has requested a test in the following circumstances: (i) As part of a health care service provided in the workplace; (ii) In the event of an occupational accident carrying a risk of exposure to blood or other body fluids; 1[1 The Employment Equity Act does not make it a criminal offence for an employer to conduct a test in violation of s 7(2). However an employee who alleges that his or her right not to be tested has been violated may refer a dispute to the National Bargaining Council for conciliation, and if this does not resolve the dispute, to the Labour Court for determination. (iii) For the purposes of applying for compensation following an occupational accident involving a risk of exposure to blood or other body fluids. (b) Furthermore, such testing may only take place within the following defined conditions: (i) At the initiative of an employee; (ii) Within a health care worker and employee-patient relationship; (iii) With informed consent and pre- and post-test counselling, as defined by the Department of Health’s National Policy on Testing for HIV; and (iv) With strict procedures relating to confidentiality of an employee’s HIV status as described in clause 7.2 of this Code.