Gazette November 6 2021 Part A S.I 77 & S.I 78

Nov 6, 2021 | Part A, Statutory Instruments (SI's)

PUBLISHED BY AUTHORITY

VOL. CLVI No. 128

Part A

BRIDGETOWN, BARBADOS, 6TH NOVEMBER, 2021

Contents

S.I. 2021 No. 77: Emergency Management (COVID-19) (No. 2) (Amendment) Order, 2021.

S.I. 2021 No. 78: Emergency Management (COVID-19) (Safe Zones) Directive, 2021.

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Printed and Published by

the Barbados Government Printing Department

6th November, 2021

S.I. 2021 No. 77

Emergency Management Act CAP. 160A

EMERGENCY MANGEMENT (COVID-19) (NO. 2) (AMENDMENT) ORDER, 2021

The Cabinet, in exercise of the powers conferred on it by section 28A(4) of the Emergency Management Act, makes the following Order:

  1. This Order may be cited as the Emergency Mangement (COVID-19)(No. 2) (Amendment) Order, 2021.
  2. The Emergency Management (COVID-19) (No. 2) Order, 2021 (S.I.2021 No. 61) is amended by inserting immediately after paragraph 17 the following:
    “Designation of safe zones17A.(1)The Prime Minister may, on the advice of the Chief MedicalOfficer, issue a directive designating any area, business or establishment, to which only persons who comply with the provisions of the directive may go or may transact business.
    1. An area, a business or an establishment designated by the PrimeMinister pursuant to subsection (1) shall be known as a safe zone.
    2. A person who fails to comply with a directive referred to in

subparagraph (1) is guilty of an offence and is liable on summary

2 S.I. 2021 No. 77

conviction to a fine of $50 000 or to imprisonment for a term of one year or to both.”.

Made by the Cabinet Secretary this 5th day of November, 2021.

H. ALLMAN Cabinet Secretary

6th November, 2021

S.I. 2021 No. 78

Emergency Management (COVID-19) (No. 2) Order, 2021 S. I. 2021 No. 61

EMERGENCY MANAGEMENT (COVID-19) (SAFE ZONES) DIRECTIVE, 2021

WHEREAS pursuant to paragraph 17A of the Emergency Management (COVID-19) (No. 2) Order, 2021 (S.I. 2021 No. 61) made under the Emergency Management Act, Cap. 160A, it is provided that the Prime Minister may on the advice of the Chief Medical Officer, issue a Directive designating any area, business or establishment a safe zone to which only persons who comply with the provisions of the Directive may go or may transact business;

AND WHEREAS a public health emergency exists in Barbados;

The Prime Minister, by virtue of the power and authority vested in her and on the advice of the Chief Medical Officer pursuant to paragraph 17A of the Emergency Management (COVID-19) (No. 2) Order, 2021, hereby issues the following Directive:

  1. This Directive may be cited as the Emergency Management(COVID-19) (Safe Zones) Directive, 2021.
  2. This Directive applies to the following health service institutionswhich are hereby designated safe zones:
    1. health service institutions within the meaning of section 2 of the Health Services Act, Cap. 44;
    2. nursing homes, private hospitals, and senior citizens’ homes within the meaning of regulation 2 of the Health Services (Private Hospitals,

2 S.I. 2021 No. 78

3.(1)

(c)

(d)

(e)

(f)

(g)

(k)

Nursing Homes, Senior Citizens’ Homes and Maternity Homes) Regulations, 2005 (S.I. 2005 No. 58);

offices of dental practitioners licensed under the Dental Registration Act, Cap. 367;

offices of medical practitioners registered under the Medical Profession Act, 2011 (Act 2011-1);

offices of paramedical professionals registered under the Paramedical Professions Act, Cap. 372C;

all COVID-19 testing sites;

quarantine and isolation facilities designated by the Chief Medical Officer; and

all other non-governmental organizations that provide health services.

The owner or operator or the person in charge of an institution

enumerated in paragraph 2 shall ensure that there is prominently displayed at the entrance to the institution, a notice issued by the Chief Medical Officer indicating that the institution is a safe zone.

  1. An employee who is fully vaccinated shall produce a copy of hisvaccination card or vaccination certificate to the person in charge of the institution and that person shall keep a copy of the card or certificate which shall be retained among the records of the institution.
  2. For the purposes of this Directive, a person is fully vaccinated if that personhas completed a full regimen of vaccines of any of the Ministry of Health and Wellness approved COVID-19 vaccinations at least 14 days or more prior to seeking to enter or remain within the precincts of an institution listed in paragraph 2.
    S.I. 2021 No. 78 34.(1)An employee of an institution listed in paragraph 2 is considered athigh risk of contracting or transmitting COVID-19 if
    1. he works with persons who are known to be infected with COVID-19;
    2. he takes samples from persons who are at high risk of contracting COVID-19; or
    3. he cares for persons
      1. who are ill;
      2. who are in a nursing home or senior citizens’ home; or
      3. who are in a psychiatric hospital.
  3. An employee referred to in subparagraph (1)
    1. who is fully vaccinated, shall be tested for COVID-19 at least once every 42 days; and
    2. who is not fully vaccinated, shall be tested for COVID-19 at least once every 7 days,

or at such other intervals as the Chief Medical Officer determines.

5.(1)

An employee of an institution listed in paragraph 2 is considered to

be at low risk of contracting or transmitting COVID-19 if

  1. he does not work with persons who are known to be infected with COVID-19; or
  2. does not care for persons referred to in paragraph 4(c).
  1. An employee referred to in subparagraph (1) who is not fully vaccinated,shall be tested for COVID-19 at least once every 7 days or at such other intervals as the Chief Medical Officer determines.
    4 S.I. 2021 No. 78
  2. At least 25 percent of employees referred to in subparagraph (1) who are

fully vaccinated, shall be tested for COVID-19 once every 60 days or at such other intervals as the Chief Medical Officer determines.

6.(1)

Notwithstanding paragraphs 4 and 5, an employee who tested positive

for COVID-19 is exempt from the testing requirement set out in those paragraphs for a period of 90 days from the date of his discharge from isolation due to COVID-19.

(2) Where an employee referred to in subparagraph (1) is not fully vaccinated,

upon his resumption of duties at the institution, the person in charge of the institution shall direct the employee to visit the Barbados Government Information Service website at https://gisbarbados.gov.bb to obtain the details of where he may go to be vaccinated.

  1. All employees tested for COVID-19 pursuant to paragraphs 4 and 5shall produce the results of the test to the person in charge of the institution at which they work.
  2. The intervals at which employees shall be tested in accordance withparagraphs 4 and 5 shall be displayed in a conspicuous place at the institution and every employee shall be provided with a copy of such.
    9.(1)The owner or operator or person in charge of an institution shall notpermit an employee who fails to comply with this Directive to enter the institution or to remain within the precincts thereof.(2) For a period of 14 days after the commencement of this Directive, no actionshall be taken against an employee or the owner or operator or person in charge of an institution for failure to comply with subparagraph (1).
    S.I. 2021 No. 78 5
    1. An employee who makes a false or misleading statement or producesa false or misleading document to the person in charge of the institution to prove that
      1. he was tested for COVID-19 and the test was negative; or
      2. that he has been fully vaccinated against COVID-19,

is guilty of an offence and is liable on summary conviction to a fine of $50 000 or to imprisonment for a term of one year or to both pursuant to paragraph 17A(3) of the Emergency Management (COVID-19) (No. 2) Order, 2021 (S.I. 2021 No. 61).

10.

2021.

This Directive shall come into effect on the 8th day of November,

Made by the Prime Minister this 5th day of November, 2021.

S. BRADSHAW Prime Minister (Ag.)