Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 406

Duty to ensure that appropriate health monitoring is provided

    Subject to regulation   407, a person conducting a business or undertaking must ensure that health monitoring of a worker referred to in regulation   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.

Penalty:

  (a)   In the case of an individual--$6   000.

  (b)   In the case of a body corporate--$30   000.

Note:   Section   12F of the Act provides that strict liability applies to each physical element of each offence under the Act, unless otherwise stated. The reference in section   12F of the Act includes these Regulations.


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