405 Duty to provide health monitoring before first commencing lead risk work
(1) A person conducting a business or undertaking at a workplace must ensure that health monitoring is provided to a worker:(a) before the worker first commences lead risk work for the person, and(b) 1 month after the worker first commences lead risk work for the person.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) If work is identified as lead risk work after a worker commences the work, the person conducting the business or undertaking must ensure that health monitoring of the worker is provided:(a) as soon as practicable after the lead risk work is identified, and(b) 1 month after the first monitoring of the worker under paragraph (a).Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
406 Duty to ensure that appropriate health monitoring is provided
Subject to clause 407, a person conducting a business or undertaking must ensure that health monitoring of a worker referred to in clause 405 includes health monitoring of a type referred to in an item in Schedule 14, table 14.2 unless:(a) an equal or better type of health monitoring is available, and(b) the use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
407 Frequency of biological monitoring
(1) A person conducting a business or undertaking at a workplace must arrange for biological monitoring of each worker who carries out lead risk work for the person to be carried out at the following times:(a) for females not of reproductive capacity and males:(i) if the last monitoring shows a blood lead level of less than 30µg/dL (1.45µmol/L)—6 months after the last biological monitoring of the worker, or(ii) if the last monitoring shows a blood lead level of 30µg/dL (1.45µmol/L) or more but less than 40µg/dL (1.93µmol/L)—3 months after the last biological monitoring of the worker, or(iii) if the last monitoring shows a blood lead level of 40µg/dL (1.93µmol/L) or more—6 weeks after the last biological monitoring of the worker,(b) for females of reproductive capacity:(i) if the last monitoring shows a blood lead level of less than 10µg/dL (0.48µmol/L)—3 months after the last biological monitoring of the worker, or(ii) if the last monitoring shows a blood lead level of 10µg/dL (0.48µmol/L) or more—6 weeks after the last biological monitoring of the worker.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must increase the frequency of biological monitoring of a worker who carries out lead risk work if the worker carries out an activity that is likely to significantly change the nature or increase the duration or frequency of the worker’s lead exposure.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) The regulator may determine a different frequency for biological monitoring of workers at a workplace, or a class of workers, carrying out lead risk work having regard to:(a) the nature of the work and the likely duration and frequency of the workers’ lead exposure, and(b) the likelihood that the blood lead level of the workers will significantly increase.(4) The regulator must give a person conducting a business or undertaking written notice of a determination under subclause (3) within 14 days after making the determination.(5) The person conducting a business or undertaking at the workplace must arrange for biological monitoring to be carried out at the frequency stated in a determination notified to the person under subclause (4).Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.Note. A determination of a different frequency for biological monitoring is a reviewable decision (see clause 676).
408 Duty to ensure health monitoring is supervised by registered medical practitioner with relevant experience
(1) A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in this Division is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must consult the worker in relation to the selection of the registered medical practitioner.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
409 Duty to pay costs of health monitoring
(1) A person conducting a business or undertaking must pay all expenses relating to health monitoring referred to in this Division.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.(2) If 2 or more persons conducting businesses or undertakings have a duty to provide health monitoring for a worker and have arranged for one of them to commission the health monitoring, the costs of the health monitoring for which any of those persons is liable must be apportioned equally between each of those persons unless they agree otherwise.
410 Information that must be provided to registered medical practitioner
A person conducting a business or undertaking who commissions health monitoring for a worker must provide the following information to the registered medical practitioner carrying out or supervising the health monitoring:(a) the name and address of the person conducting the business or undertaking,(b) the name and date of birth of the worker,(c) the lead risk work that the worker is, or will be, carrying out that has triggered the requirement for health monitoring,(d) if the worker has started that work, how long the worker has been carrying out that work.Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
411 Duty to obtain health monitoring report
(1) A person conducting a business or undertaking who commissioned health monitoring referred to in this Division must take all reasonable steps to obtain a health monitoring report from the registered medical practitioner who carried out or supervised the monitoring as soon as practicable after the monitoring is carried out in relation to a worker.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The health monitoring report must include the following:(a) the name and date of birth of the worker,(b) the name and registration number of the registered medical practitioner,(c) the name and address of the person conducting the business or undertaking who commissioned the health monitoring,(d) the date of health monitoring,(e) if a blood sample is taken—the date the blood sample is taken,(f) the results of biological monitoring that indicate blood lead levels in the worker’s body,(g) the name of the pathology service used to carry out tests,(h) any test results that indicate that the worker has reached or exceeded the relevant blood lead level for that worker under clause 415,(i) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the lead risk work that triggered the requirement for health monitoring,(j) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the type of work that triggered the requirement for health monitoring,Note. The duty under clause 415 to remove a worker from carrying out lead risk work applies even if there is no recommendation of a registered medical practitioner to do so.(k) whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.
412 Duty to give health monitoring report to worker
A person conducting a business or undertaking who commissioned health monitoring for a worker must give a copy of the health monitoring report to the worker as soon as practicable after the person obtains the report.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
413 Duty to give health monitoring report to regulator
A person conducting a business or undertaking for which a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to the worker to the regulator as soon as practicable after obtaining the report if the report contains:(a) test results that indicate that the worker has reached or exceeded the relevant blood lead level for that person under clause 415, or(b) any advice that test results indicate that the worker may have contracted a disease, injury or illness as a result of carrying out the work that triggered the requirement for health monitoring, or(c) any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work that triggered the requirement for health monitoring.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
414 Duty to give health monitoring report to relevant persons conducting businesses or undertakings
A person conducting a business or undertaking who commissioned health monitoring for a worker under this Division must give a copy of the health monitoring report to all other persons conducting businesses or undertakings who have a duty to provide health monitoring for the worker as soon as practicable after obtaining the report.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
415 Removal of worker from lead risk work
(1) A person conducting a business or undertaking for which a worker is carrying out work must immediately remove the worker from carrying out lead risk work if following health monitoring:(a) biological monitoring of the worker shows that the worker’s blood lead level is, or is more than:(i) for females not of reproductive capacity and males—50µg/dL (2.42µmol/L), or(ii) for females of reproductive capacity—20µg/dL (0.97µmol/L), or(iii) for females who are pregnant or breastfeeding—15µg/dL (0.72µmol/L), or(b) the registered medical practitioner who supervised the health monitoring recommends that the worker be removed from carrying out the lead risk work, or(c) there is an indication that a risk control measure has failed and, as a result, the worker’s blood lead level is likely to reach the relevant level for the worker referred to in paragraph (a).Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(2) The person must notify the regulator as soon as practicable if a worker is removed from carrying out lead risk work under subclause (1).Maximum penalty:
(a) in the case of an individual—$3,600, or(b) in the case of a body corporate—$18,000.
416 Duty to ensure medical examination if worker removed from lead risk work
(1) This clause applies if a worker is removed from carrying out lead risk work under clause 415.(2) The person conducting the business or undertaking who removes the worker from carrying out lead risk work must arrange for the worker to be medically examined by a registered medical practitioner with experience in health monitoring within 7 days after the day the worker is removed.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) The person must consult the worker in the selection of the registered medical practitioner.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
417 Return to lead risk work after removal
(1) This clause applies if:(a) a worker is removed from carrying out lead risk work under clause 415, and(b) the person conducting a business or undertaking at the workplace who removed the worker expects the worker to return to carrying out lead risk work at the workplace.(2) The person conducting the business or undertaking must arrange for health monitoring under the supervision of a registered medical practitioner with experience in health monitoring at a frequency decided by the practitioner to determine whether the worker’s blood lead level is low enough for the worker to return to carrying out lead risk work.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.(3) The person conducting the business or undertaking must ensure that the worker does not return to carrying out lead risk work until:(a) the worker’s blood lead level is less than:(i) for females not of reproductive capacity and males—40µg/dL (1.93µmol/L), or(ii) for females of reproductive capacity—10µg/dL (0.48µmol/L), and(b) a registered medical practitioner with experience in health monitoring is satisfied that the worker is fit to return to carrying out lead risk work.Maximum penalty:
(a) in the case of an individual—$6,000, or(b) in the case of a body corporate—$30,000.
(1) A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record:(a) identified as a record in relation to the worker, and(b) for at least 30 years after the record is made.(2) The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker’s written consent.(3) Subclause (2) does not apply if the record is disclosed under clause 412, 413 or 414 or to a person who must keep the record confidential under a duty of professional confidentiality.Maximum penalty:
(a) in the case of an individual—$1,250, or(b) in the case of a body corporate—$6,000.