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Thread: unsympathetic approach towards employers

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    unsympathetic approach towards employers

    the goverment is to impose legal action and use the full force of the law against employers...

    my daughter fell at school and cut her head open...my wife rushed across to the school to find the child covered in blood...not one person had gloves on.

    what if one of the employees at the school have aids...can i sue the school if she contracts HIV or aids...or would i be able to sue the employee for not disclosing her status...and then toching my daughter without gloves.

    if i come home and find my domestic worker attending to my child bleeding without gloves on,,,would i be able to sue her for attempted murder if she has aids and if i am not allowed to know her status?

    or rather just not take a chance and have the dometic worker who i have tested for aids and know she is clear?

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    Site Caretaker Dave A's Avatar
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    I believe DOL is about to make testing employees for AIDS by employers a criminal offence.
    The trouble with opportunity is it normally comes dressed up as work.

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    Platinum Member sterne.law@gmail.com's Avatar
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    Not to get side tracked - but if your daughter was bleeding, it would require the person attending her to be bleeding or having an open wound in order for a possibility of transfer of the HIV virus. The mere handling of blood can not transfer the virus.

    As to testing an employee - even if a test was positive you may not, not employ the person, that would be discrimination.
    You could of course have parameters of care, failing which the employee is negligient. However you cannot say that when ever you touch my child, or when my child is bleeding you must wear gloves. That is discrimination, impugnes dignity and a host of others. A condition that when a person has an open wound they need to take precaution, would be reasonable.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Gold Member daveob's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    However you cannot say that when ever you touch my child, or when my child is bleeding you must wear gloves. That is discrimination, impugnes dignity and a host of others.
    Jeepers. Whatever happened to calling a spade a spade ? Now we have to pussy-foot around the (unfortunate, probably not self-inflicted) carrier of a potentially deadly virus, that can infect your own precious angel child, and all because we're told we can't say you must wear gloves if the child is bleeding !!

    What's more important - the persons feelings or the child's life ?

    OK. Just re-read the paragraph - are you saying you can say they can't be in the same room without wearing gloves, or are you saying they can't treat the wound without wearing gloves ?

    Anyway, screw the impugned dignity - my childs' life and well-being is above all other feelings ( only parents would understand, so if you're not one, please don't even try to comment on this bit ).
    Watching the ships passing by.

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    Gold Member daveob's Avatar
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    ps ... sorry Mr Anthony. My comments not an attack towards you - just towards the system.
    Watching the ships passing by.

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    Platinum Member sterne.law@gmail.com's Avatar
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    HIV is not something that only affects black people, or poor people, or gay people, or those in dodgy activities such as prostitution or drugs, or certain professions. It does not discriminate.

    If we insist on employees being tested, lets ask ourselves honestly -
    If your childs school said all children must be tested, how would you feel?
    And if we want to insist that an employee must wear gloves when dealing with our child that is bleeding - how would you feel if the school phoned you and said, Sir, your child is bleeding and YOU must come and attend because our staff can't becuase of the risk and maybe your child has HIV.
    Be honest - how would you feel?
    Last edited by sterne.law@gmail.com; 18-Jun-10 at 10:08 AM.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Site Caretaker Dave A's Avatar
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    Trying to stay somewhere near close to the theme on a thread that could (and probably will) go all over the park -
    can i sue the school if she contracts HIV or aids...
    Well, the first problem would seem to be a lack of training at the school on how to handle wounds in the AIDS era. Frankly I'm a little surprised and I'd raise the issue with the school.

    But on suing - how would you know (and prove) this incident as the source?
    Last edited by Dave A; 18-Jun-10 at 01:26 PM.
    The trouble with opportunity is it normally comes dressed up as work.

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    Diamond Member tec0's Avatar
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    A simple policy and training system can prevent this scenario. The policy is that all classrooms will be equipped with a proper first aid kid. All teachers and staff members will be trained to administer first aid safely using the first aid kid. No acceptations.

    Secondly testing for HIV becoming illegal? Well, if that is ever to happen and it probably will, then it will take a big company and a lot of lawyers to sue the government for forcing anonymity and allow for a very dangerous scenario. As far as I know it is expensive but laws can be challenged.

    Discrimination against HIV people can be controlled with education, information and simple company policies. If someone is HIV positive then the safety policy apply. If someone is not HIV positive the same safety policy applies.

    Even drug testing is becoming a difficult thing to administer. But what the government and law don’t understand is if that person is intoxicated then by default he/ she is endangering others. Right now most drug testing is voluntary accept if you are driving, then it seems the police can have you tested...

    Honestly there is thin line between safety and discrimination but sometimes its just necessary to know if a person presents a possible danger to another person.
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

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    Quote Originally Posted by sterne.law@gmail.com View Post
    HIV is not something that only affects black people, or poor people, or gay people, or those in dodgy activities such as prostitution or drugs, or certain professions. It does not discriminate.

    If we insist on employees being tested, lets ask ourselves honestly -
    If your childs school said all children must be tested, how would you feel?
    And if we want to insist that an employee must wear gloves when dealing with our child that is bleeding - how would you feel if the school phoned you and said, Sir, your child is bleeding and YOU must come and attend because our staff can't becuase of the risk and maybe your child has HIV.
    Be honest - how would you feel?
    just so that you know my older sister has HIV and full blown aids...contracted from her husband who has died from illenesses related to it...and by the way she is a white women...when i see her and what she is going thru...i get extrmely angry with selfish people who dont know their status and carry on with their lives without a care for anyone else...and believe they should be punished severly...i supose they will be eventually.

    honestly i would feel a lot better knowing my child is not in a group of children with aids or being looked after by people who have aids...my wife and i have both been for aids test...i personally i have had it done on numerous occasion due to my wicked ways of my past and operations i have undergone...i felt it was my duty to do it...

    when i was single i had a test done every six months at the clinic...at which time i found out that there are a lot more people than you think who have aids.

    if you feel comfortable that your maid has aids and is looking after your child thats your choice.

    when my daughter was in hospital...and she had to have blood transfusions...i was prepared to let them drain all the blood out my body to give her the chance to live...unfortunalty i couldnt because they needed the blood the same day...and it would have taken 2 weeks to prepare my blood for the transfer...i would sacrifice my life to give my children anything they needed to survive...and i am sure most parents would do the same thing.

    it doesnt discriminate...so why put me or any person in my family in a position that could cause them not just harm but death...

    if you were single and were gona do the deed with a women are you saying it is okay if she doent tell you she has aids... or as a single person do you carry on without being tested because its your right...all i can say if this is your attitude then shame on you you selfish person...oh well i suppose you could always just have a shower afterwards...

    this is just my opinion on the subject...everyone to their own opinion.

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    Gold Member daveob's Avatar
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    Quote Originally Posted by sterne.law@gmail.com View Post
    If we insist on employees being tested, lets ask ourselves honestly -
    If your childs school said all children must be tested, how would you feel?
    And if we want to insist that an employee must wear gloves when dealing with our child that is bleeding - how would you feel if the school phoned you and said, Sir, your child is bleeding and YOU must come and attend because our staff can't becuase of the risk and maybe your child has HIV.
    Be honest - how would you feel?

    Quite honestly, if they wanted to draw blood for testing from my 2 & 4 year olds at their pre-primary school, as long as I was present, I would be all for the idea - and they can do me at the same time. As much as my kids need protecting from the dangers out there, so do the teachers and care givers that are with all these kids every day. And YES, I do want gloves worn when attending to a bleeding child - and in fact that is exactly what is done. I have seen, on every occasion that a scrape or cut on the jungle gym is attended to, disposable gloves are worn be the staff.

    And the school has a policy - if your child's bleeding, you come fetch that child immediately - no exceptions. That makes sense to me. Take the child home and let that cut scab and dry. Less chance of any transmission of anything between kids (in either direction) that way (kids would love to touch and feel the others' cut or scrape ).

    Protection from HIV is a 2 way street - if you're going to be in contact with someone and there's blood around, be protective - for your sake and theirs.
    Watching the ships passing by.

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