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.
(b) In
the case of a body corporate—$30 000.
Note—
The biological exposure standard is published by Safe Work Australia.