Document ID: chunk:federal_register_of_legislation:F2016L00420:front:0:p43
Version: federal_register_of_legislation:F2016L00420
Segment Type: other
Provision Reference: 
Character Range: 115150–118032

14.1 (reproduced at Appendix E of this Code) includes the type of health monitoring that must be carried out for each hazardous chemical listed, unless:
    * an equal or better type of health monitoring is available
    * the use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring.
Health monitoring is not an alternative to implementing control measures. If the results indicate
that a worker is experiencing adverse health effects or signs of exposure to a hazardous chemical, the control measure must be reviewed and if necessary revised.
A person conducting a business or undertaking must:
    * inform workers and prospective workers about health monitoring requirements
    * ensure health monitoring is carried out by or under the supervision of a registered medical practitioner with experience in health monitoring
    * consult workers in relation to the selection of the registered medical practitioner
    * pay all expenses relating to health monitoring
    * provide certain information about a worker to the registered medical practitioner
    * take all reasonable steps to obtain a report from the registered medical practitioner as soon as practicable after the monitoring has been carried out
    * provide a copy of the report to the worker and the regulator if the report contains adverse test result or recommendations that remedial measures should be taken. Also provide the report to all other persons conducting a business or undertaking who have a duty to provide health monitoring for the worker
    * keep reports as confidential records for at least 30 years after the record is made
      (40 years for reports relating to asbestos exposure)
    * not disclose the report to anyone without the worker's written consent unless required under the WHS Regulations.
Further information on health monitoring can be found in the Health Monitoring Guides.

5.2 Reviewing control measures

Regulation 38: A duty holder must review and, as necessary, revise control measures implemented so as to maintain, so far as is reasonably practicable, a work environment that is without risks to health or safety.
Regulation 352: The person must also ensure that any measures implemented to control risks
in relation to a hazardous chemical at the workplace are reviewed and as necessary revised.
Control measures must be reviewed (and revised if necessary) in the following circumstances:
    * the control measure does not control the risk it was implemented to control so far as is reasonably practicable
    * before a change at the workplace that may create new or different risks that the control measure cannot effectively control
    * a new relevant hazard or risk is identified
    * the results of consultation indicate that a review is necessary
    * a health and safety representative