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Contents (2017 - 404)
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Work Health and Safety Regulation 2017
Current version for 15 November 2019 to date (accessed 19 February 2020 at 10:13)
Chapter 7 Part 7.1 Division 6
Division 6 Health monitoring
368   Duty to provide health monitoring
A person conducting a business or undertaking must ensure that health monitoring is provided to a worker carrying out work for the business or undertaking if—
(a)  the worker is carrying out ongoing work at a workplace using, handling, generating or storing hazardous chemicals and there is a significant risk to the worker’s health because of exposure to a hazardous chemical referred to in Schedule 14, Table 14.1, Column 2, or
(b)  the person identifies that because of ongoing work carried out by a worker using, handling, generating or storing hazardous chemicals there is a significant risk that the worker will be exposed to a hazardous chemical (other than a hazardous chemical referred to in Schedule 14, Table 14.1) and either—
(i)  valid techniques are available to detect the effect on the worker’s health, or
(ii)  a valid way of determining biological exposure to the hazardous chemical is available and it is uncertain, on reasonable grounds, whether the exposure to the hazardous chemical has resulted in the biological exposure standard being exceeded.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
Note.
 The biological exposure standard is published by Safe Work Australia.
369   Duty to inform of health monitoring
A person conducting a business or undertaking who is required to provide health monitoring to a worker must give information about the health monitoring requirements to—
(a)  a person who is likely to be engaged to carry out work using, handling, generating or storing a hazardous chemical, and
(b)  a worker for the business or undertaking, before the worker commences work using, handling, generating or storing a hazardous chemical.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
370   Duty to ensure that appropriate health monitoring is provided
A person conducting a business or undertaking must ensure that health monitoring of a worker referred to in clause 368 includes health monitoring of a type referred to in an item in Schedule 14, Table 14.1, Column 3 in relation to a hazardous chemical referred to in Column 2 for the item, 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.
371   Duty to ensure health monitoring is supervised by registered medical practitioner with experience
(1)  A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in clause 368 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—$3,600, or
(b)  in the case of a body corporate—$18,000.
372   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 clause 368.
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.
373   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 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.
374   Duty to obtain health monitoring report
(1)  A person conducting a business or undertaking who commissions health monitoring referred to in clause 368 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 the health monitoring,
(e)  any test results that indicate whether or not the worker has been exposed to a hazardous chemical,
(f)  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,
(g)  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,
(h)  whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.
375   Duty to give health monitoring report to worker
The 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.
376   Duty to give health monitoring report to regulator
A person conducting a business or undertaking for whom a worker is carrying out work for which health monitoring is required must give a copy of the health monitoring report relating to a worker to the regulator as soon as practicable after obtaining the report if the report contains—
(a)  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 using, handling, generating or storing hazardous chemicals that triggered the requirement for health monitoring, or
(b)  any recommendation that the person conducting the business or undertaking take remedial measures, including whether the worker can continue to carry out the work using, handling, generating or storing hazardous chemicals 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.
377   Duty to give health monitoring report to relevant persons conducting businesses or undertakings
The person who commissioned health monitoring for a worker under clause 368 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.
378   Health monitoring records
(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.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(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.
Maximum penalty—
(a)  in the case of an individual—$1,250, or
(b)  in the case of a body corporate—$6,000.
(3)  Subclause (2) does not apply if the record is disclosed under clause 376 or 377 or to a person who must keep the record confidential under a duty of professional confidentiality.