Commonwealth Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATIONS 2011 - REG 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 regulation   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.

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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