Section 10: Provision of testing on request

(1)
An employer or relevant body may provide HIV testing in compliance with the National HIV Counselling and Testing Guidelines to any person who has requested a test in the following circumstances-
(a)
as part of a health care service;
(b)
in the event of an occupational accident or other incidents carrying a risk of exposure to blood or other body fluids ; and
(c)
for the purposes of applying for compensation following an occupational accident or other incidents involving a risk of exposure to blood or other body fluids.
(2)
The tests refered to in subsection (1) shall only take place within the following defined conditions-
(a)
at the instance of an individual who voluntarily requests ;
(b)
within the context of a health care worker and employee-patient relationship; and
(c)
with informed consent and pre- and post-test counseling provided by the employer and other relevant bodies.
(3)
Where a person chooses to voluntarily disclose his or her HIV status to the employer, employees and relevant bodies, this information shall not be disclosed to other persons without the written consent of the person making such disclosure, provided that where such written consent is not possible, the employer or body in receipt of the disclosure shall take all necessary steps to confirm that such person wishes to disclose his or her status.