Hiv aids
msb
(Querist) 06 January 2014
This query is : Resolved
Resp.Ma'am/Sir,
I am working as a Factory Medical Officer in a small corporate dispensary catering to the needs of the inmates of Residential Colony of a Govt owned Thermal Power Station situated in a remote area.
Recently, 12 number of class-IV employees (Helper, Sweeper, Kamdaar, Cleaner, etc who were already serving in our company) were sent to me for pre-employment medical examination to determine their fitness for the job of a Driver, as all these class-IV employees were due for a promotion to the post of Driver (Class-III).
I had declared all 12 candidates physically fit for the promotion to the post of Driver, after their physical examination, out of which total 05 number of class-IV employees were given promotion to the post of Driver, after completion of all due administrative process as per rules.
Out of those 05 Drivers, our top management has appointed one employee to our Dispensary Department as Vehicle Driver in Ambulance. That person is HIV-Positive.
Now, I have started receiving representations from various high-pressure employees' groups, that, "Ambulance being a public service vehicle, and ambulance driver is bound to come into close contact with unsuspecting patients of burns, accidental injuries, delivery cases, etc., as the Power Station is being run 24 x 7 and there are all types of medical emergencies happening all the time during odd hours, it will be in the better interest of the society if this employee having HIV-positive status is not posted as ambulance driver, but rather he should be posted as a driver in some other sections, e.g. security jeep, plant jeep, coal-plant jeep, railway yard jeep, bus driver, truck driver, etc."
Now, I want legal advice, regarding what should I do..?
1. What am I required to do legally in this matter..?
2. What can I do legally in this matter..?
To change the department of a driver is not in my hands but it is the prerogative of our top management. But, being a doctor, my advice or opinion in the matter certainly counts.
Devajyoti Barman
(Expert) 06 January 2014
You can not remove a HIV positive person from duty which is not injurious to his won health.
Since it is not contagious disease the management can not force you to give report of their choice.
msb
(Querist) 06 January 2014
Thank You very much for your reply.
Though i am not under the pressure of management but rather, as i had mentioned in my query, i am under the pressure of some employee-groups, who also do not pressure me to remove the person from the job, but pressure me to shift the person to another section as a jeep-driver or truck-driver or bus-driver. Thanks anyway for your short and confirmative answer.
Devajyoti Barman
(Expert) 06 January 2014
The driver is in least situation to come in human contact. I am at my wit's end to know at to why the employee association is asking for his shift from this relatively secluded position of duty.
msb
(Querist) 06 January 2014
Yes, sir, exactly...
And that's why i have not responded positively to employees association demands.
And, today i have been able to persuade them into believing my point of view.
Thanks.
Rajendra K Goyal
(Expert) 06 January 2014
Posting of driver as per you is not your job. Let the management be approached and decide in the matter.
msb
(Querist) 06 January 2014
Thank u very much again, Sir.
