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HBV positive result should not be sole basis for rejecting job applicants

HBV positive result should not be sole basis for rejecting job applicants
3 days ago, Elma Sandoval
A job applicant who tests positive for the Hepatitis B virus (HBV) should not be turned down for a position he or she is qualified for, solely on the basis of their HBV status, according to Dr Jade Jamias, a gastroenterologist and currently vice president of the Hepatology Society of the Philippines.

Under the guidelines issued by the Department of Labor (Advisory No. 95, series 2010), employers and recruiters are prohibited from discriminating against applicants simply based on their Hepatitis B status, from pre- to post employment, from hiring to promotion or assignment.

Rather, a physician’s medical evaluation and recommendations should be considered, along with qualifications for the position, before rejecting or hiring an applicant.
Employer concerns
Dr Jamias cited two concerns employers with regards to an individual testing positive for an HBsAG test. The first is the probability of the person developing complications from the virus infection, which includes liver cirrhosis, liver failure and the most dangerous, liver cancer.

The second concern is the possibility they would transmit the disease in the workplace. While very valid concerns, Dr Jamias pointed out that employers simply had to determine the risk of transmission based on the kind of work being sought.

HSP has categorized occupations into high, medium- and low-risk, with the first being high-risk jobs that are mostly in the healthcare setting, as well as those with a potential to exchange bodily fluids such as sex workers.

The medium-risk category also includes healthcare workers, but those not performing exposure prone procedures or EPP. The final category includes occuopations that are with low to negligible risk of EPP.

Further, he added that no documentation has been found to indicate that the Hep B virus is transmissible through the following: a) ordinary workplace activities, b) food preparation, c) coughing and sneezing, d) sharing of utensils and plates, e) sharing lavatory seats, or computers and office supplies. Neither is it transmitted through handshaking, hugging or kissing, using public water fountains, in swimming pools or crowded dining areas.
Policy Statements on HBV testing

- A positive Hepatitis B surface antigen (HBsAG) result should not be a basis to discriminate, restrict, or disqualify a job applicant from being gainfully employed.
- A Hepatitis B positive applicant should not be declared unfit to work and denied employment without appropriate medical evaluation and counseling.
- Hepatitis B screening in the pre-employment setting should not be made mandatory. Screening should be performed only if applying for occupations at high risk for transmission in the workplace.
Medical clearance
The final determination of whether an applicant can be accepted or not must be based on a medical clearance to be issued by physicians, and it is with this document where doctors play an important role, Dr Jamias explained.

He said the certification must contain the following: the state of the individual’s chronic Hepatitis B infection; the risk of transmission based on the category of occupation; recommendations of employability for the applicant.

It must also state how the HBsAG positive individual will be monitored, whether they are candidates for treatment or not.

Further, a medical specialist must make clear the potential for employment be it with restrictions or no restrictions based on the HBV status.

Other than the medical certification, the minimum requirements for a confirmed HBsAG positive individual undergoing pre-employment evaluation should include a Serum HBeAG and anti-Hbe; Serum ALT; and an ultrasound of the liver.

Dr Jamias said outright denial of employment for an otherwise qualified applicant due to HBV infection adds to the stigma for infected individuals and is obviously a form of discrimination.

The practice of Hepatitis B testing started when foreign employers demanded it, based on their labor and health laws, but it was eventually adopted by local employers.

It is best that recruiters and human resource personnel study the labor department guidelines to avoid being accused of discrimination because of HBV. MIMS
3 Responses
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Avatar universal
Well said Stephen. Not only in jobs but hbvers face discrimination at every steps of society where they get to know ur status. So it's better to hide and live in this mercyless society.
To some extent I find myself in better position where apart from medical professionals very little people know of hep b.
Here in my Hospital (#proximal tibia) medical staff has tagged behind my bed in bold letters " UNIVERSAL PRECAUTION". This is however against the medical ethics where u cannot disclose a patient's status and disease. But see these shameless people. I am in a very affluent and big hospital of my country.
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Avatar universal
Well if governments are ok with these type of policies by hiring companies then they should ask health companies to accept paying hbv positive long term disability. Off course this will never happen
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Avatar universal
-Let's say I work as an electrician. While working I may cut my finger with a kniife; if my fellow co-worker borrows my knife whether with my consent or not; and cuts his finger with it within the time period the virus is active, then is he in risk of getting the infection?
-Also while using a hand held tool, I may bleed in my hand and fingers, and blood is stained on the handle of the tool; if another co-worker uses the same tool and bleeds on his hands, is he exposed to infection?
-I've read on the web that the hepB virus is very easily transmitted, 100 times easily than HIV, it can stay infective on dry surfaces for upto a week or even ten days; and only a tiny amount of blood is enough to transmit it. This information really scares me, that I feel I'm a possible infection hazard to my fellow human beings.
What is your opinion about this?
My hope is that all humans get vaccinated against this virus, so that it is eradicated for ever.
Helpful - 0
1 Comments
Some years ago, China banned people with Hepatitis B from working in restaurant. They have to have a blood test before given a health card in order to work. This has now been abolished. Let me put this scenerio to you:

You just had a blood test, HBsAg was negative, and you were cleared to work. That night, you went out to celebrate and had sex without protection with your new girl friend, and unknownly contracted HBV. So are you safe to work? How often should you be tested?

A pilot with an unknown brain aneurysm was flying a plane, but then it rutured, he collapsed instantly and killing all the passengers. So whose fault is it?

To avoid the accidents you mentioned, how often should we test and what precautions should we take? For a start, always clean up your own blood and avoid other's blood. All police now wear gloves when they handle other persons. So use comonsense, practise universal precaution.

Everytime I drive, I am at the mercy of the other drivers, I hope they did not have a fight with their boss or depressed, or.........
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