Lawful Aids Testing After Employment Begins

Once a person is employed, an employer may require AIDS testing only if it is job-related and consistent with business necessity. As with entrance examinations, this standard should be satisfied in the health care field. Under the guidelines of the Centers for Disease Control promulgated on July 16, 1991, health care workers who perform exposure-prone procedures are encouraged to undergo voluntary testing for HIV. Further, the CDC recommends that health care workers who know they are infected with HIV should not perform exposure-prone procedures unless they have sought counsel from an expert review panel and have been advised as to the specific circumstances under which they may continue to perform these procedures. Previously issued CDC guidelines require health care providers to test health care workers who have been exposed to HIV and, in conjunction with the treating physicians, determine what duties the health care worker can perform safely. These guidelines should support testing of health care workers with AIDS or HIV infection, but would not allow the exclusion of a health care worker with AIDS unless the employee presents a direct threat to the health or safety of others.