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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 6 December 2019 at 17:50)
Chapter 8 Part 8.5 Division 1
Division 1 Health monitoring
435   Duty to provide health monitoring
(1)  A person conducting a business or undertaking must ensure that health monitoring is provided, in accordance with clause 436, to a worker carrying out work for the business or undertaking if the worker is—
(a)  carrying out licensed asbestos removal work at a workplace and is at risk of exposure to asbestos when carrying out the work, or
(b)  is carrying out other ongoing asbestos removal work or asbestos-related work and is at risk of exposure to asbestos when carrying out the work.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
(2)  For the purposes of subclause (1)(a), the person must ensure that the health monitoring of the worker commences before the worker carries out licensed asbestos removal work.
(3)  The person must ensure that the worker is informed of any health monitoring requirements before the worker carries out any work that may expose the worker to asbestos.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
436   Duty to ensure that appropriate health monitoring is provided
A person conducting a business or undertaking must ensure that the health monitoring of a worker referred to in clause 435 includes—
(a)  consideration of—
(i)  the worker’s demographic, medical and occupational history, and
(ii)  records of the worker’s personal exposure, and
(b)  a physical examination of the worker,
unless another type of health monitoring is recommended by a 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.
437   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 clause 435 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.
438   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 435.
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.
Maximum penalty—
(a)  in the case of an individual—$3,600, or
(b)  in the case of a body corporate—$18,000.
439   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.
440   Duty to obtain health monitoring report
(1)  A person conducting a business or undertaking who commissioned health monitoring referred to in clause 435 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)  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,
(f)  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,
(g)  whether medical counselling is required for the worker in relation to the work that triggered the requirement for health monitoring.
441   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.
442   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 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 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 referred to in clause 435.
Maximum penalty—
(a)  in the case of an individual—$6,000, or
(b)  in the case of a body corporate—$30,000.
443   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 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.
444   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 40 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 442 or 443 or to a person who must keep the record confidential under a duty of professional confidentiality.