Australian Capital Territory Current Regulations

WORK HEALTH AND SAFETY REGULATION 2011 - REG 374

    (1)     A person conducting a business or undertaking who commissions health monitoring referred to in section 368 (Duty to provide health monitoring) 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.

Note     Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see  s 6A).

    (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.