Public Health Regulations (No. 25 of 1973)

LEGAL NOTI CE NO. 25 OF 1973 Public Health Regulations 1973 In exercise of the powers conferred on me by sections 16(j) and 71(m) of the Public Health Order 1970, I, Charles Dube Molapo Minister of Health, Education and Social Welfare hereby make the following regulations: 1. These regulati ons may be cited as the Public Health Regula- Citation tions 1973. 2. (1) In these regulat ions unless tbe context othe rwise requires, expressions used shan bave tbe same respective meanings as in the Public Healtb Order 1970. (2) "Carrier" means a person who, though not at any time pre senting the clinical symptoms of an infectious disease, has been proved or is believed upon reasonable grounds and after laboratory investi gation to be harbour ing the infection of and consequently liable to cause the spread of such disease. 3. (1) No person (here inafter refer red to as an employee) who has open sores on any part of his body or is a carrier or is suffering from any infectious disease or has been in contact with such disease or suffering from a venereal disease, as defined in section 46 of tbe Public Health Order 1970 Or any communicable disease mentioned in section 5(1) (a) of tbat Order shall be employed in any dairy, cafe, restaurant, refreshment room, hotel or eatinghouse or butchery and no employer shan permit any sucb perso n to be engaged in connection with the preparation or handling or serving or selling or packing of foodstuffs on his premises. (2) Any employer referred to in sub-regulati on (1) shall at all times be able to produce valid health certificates in respect of his employees when called upon to do so by a healtb officer. (3) The validity of a health certificate issued in terms of these regulations sball expire six months after the date of issue and it shall be the duty of an employer to obtain a fresh certificate before the expiry date. (4) The six monthly examination of employees in terms of these regulations shan be clinical and where applicable laboratory and radio logical tests conducted. (5) Whenever it is found that an employee is suffering from any of the diseases referred to in sub-regulation (I) he and his employer shall be guilty of an offence if he continues or if he is allowed to continue in employmen t after becoming aware of the disease. 4. (1) Any person believed or suspected on reasonable grounds to be a carrier, shall afford every facility to a bealth officer for obtain ing specimens of blood, excre ta, discharges or othe r mate rial requ ired for examination and investigation and shall take such medicine as may be prescr ibed by the health officer for that purpose. I nterpreta tion Certain em ployment subjec t to production of Health cer tificates Carriers of disease (2) Every carrier shall at all times observe and give effect to all reasonably practicable instructions given to him by a health officer in regard to the disposal of his excreta, the cleansing of articles used by him, or other precautions for preventing the spread of infection. (3) Every carrier shall inform the health authorities of his in tention to change his place of residence or employment and of his in tended new place of residence or employment. Such information shall, when possible, be furnished not less than seven days before the pro posed change. (4) Where, on the certificate of a medical practitioner it appears to a Magistrate that a person is a carrier, the Magistrate, on applica tion of such practitioner and after inquiry, may, having regard to the nature of the infection and any material assistance which the Govern ment is prepared to give to mitigate hardship to the individual or his dependants, make (and may from time to time modify, alter, or re scind) an order or orders requiring such person (a) to proceed or be removed to and to remain or be detained for a period to be specified in such order in a hospital or other suitable place for the purpose of medical treatment; (b) to attend regularly for medical treatment or examination at times and places specified in such order; (c) not to handle or otherwise come in contact with food or vessels or articles containing or used to contain or which come in contact with food intended for consumption by others or to engage in any occupation entailing the handling or coming in contact with such food, vessels, or articles; and (d) to comply with such other requirements specified in such order as the Magistrate on application of a medical practi tioner may deem necessary for safeguarding the public health. (5) The parent or guardian or person in charge of a child who is or is believed or suspected on reasonable grounds to be a carrier, shall assist in every possible manner in the carrying out of these regulations or any order made thereunder in respect of such child. (6) It shall be the duty of all medical practitioners and Magi strates to ensure that these regulations are carried out sympathetically and without more hardship to any person than is necessary and un avoidable in the public interest. (7) Any person who fails to comply with the provisions of these regulations or any order made thereunder shall be guilty of an offence and liable on conviction to a fine not exceeding RlOO or to imprison ment for a period not exceeding 6 months or to both such fine and imprisonment or to detention in such place as the court may, in con sultation with the health authorities, determine.