Note
Health surveillance can assist in minimising the risk to health from hazardous substances by confirming that the absorbed dose is below the acceptable level, by indicating biological effects requiring reduction of exposure and by collecting data to evaluate the effects of exposure. Further guidance on health surveillance can be found in the National Code of Practice for Control of Workplace Hazardous Substances [NOHSC:2007 (1994)] and in the Guidelines for Health Surveillance [NOHSC:7039 (1995)].

(1) An operator must provide health surveillance of an employee 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 (other than the operator, the employee or contractor, or a person entitled to have access to the records under regulation 2.22) who is entitled to have access to the records.

Penalty:
5 penalty units.