Document ID: chunk:federal_register_of_legislation:F2024C01055:front:0:p15
Version: federal_register_of_legislation:F2024C01055
Segment Type: other
Provision Reference: 
Character Range: 36582–39353

or a contractor who has been identified, in a risk assessment carried out under regulation 2.15, as being exposed to a hazardous substance if:
 (a) there is a significant risk to the health of the employee or contractor from a hazardous substance mentioned in column 2 of Schedule 4; and
 (b) either of the following applies:
 (i) the operator knows, or ought reasonably to know, that:
 (A) the exposure of the employee or contractor to the substance has the effect that an identifiable disease or other effect on health may be related to the exposure; and
 (B) there is a reasonable likelihood that the disease or other effect on health may occur under the particular conditions of work; and
 (C) there are valid techniques for detecting an indication of the disease or other effect on health;
 (ii) there is a valid biological monitoring procedure available and a reasonable likelihood that accepted values might be exceeded.
Penalty: 10 penalty units.
 (2) The operator must ensure that:
 (a) the health surveillance is performed under the supervision of a legally qualified medical practitioner who is competent in the requisite testing or medical examinations for the substance; and
 (b) the health surveillance includes the procedures mentioned in column 3 of the item in Schedule 4 that relates to the substance; and
 (c) the operator consults the employee or contractor on the selection of a medical practitioner to supervise the health surveillance.
Penalty: 10 penalty units.
 (3) The health surveillance must be undertaken at the expense of the operator.
 (4) If an employee or a contractor undergoes health surveillance, the operator must ensure that:
 (a) the employee or contractor is notified of the results of the surveillance as soon as practicable; and
 (b) the employee or contractor is given any necessary explanation of the results of the surveillance; and
 (c) the Inspectorate is notified of any adverse result detected in the health surveillance that is consistent with exposure to the hazardous substance.
Penalty: 10 penalty units.
 (5) If an operator is advised by a medical practitioner of an adverse result detected in the health surveillance of an employee or a contractor that is consistent with exposure to a hazardous substance, the operator must, as soon as practicable:
 (a) revise any assessment of the employee's or contractor's exposure to the substance; and
 (b) take the steps that are necessary to comply with the requirements of this Part.
Penalty: 10 penalty units.
 (6) An operator must ensure that:
 (a) records obtained by the operator as a result of health surveillance are kept as confidential records; and
 (b) the written consent of the employee or contractor is obtained before the records are given or shown to a person