Western Australian Consolidated Regulations

OCCUPATIONAL SAFETY AND HEALTH REGULATIONS 1996 - REG 2.11

2.11 .         Medical examinations

        (1)         The Commissioner may, by written notice, direct an employer to arrange at the expense of the employer and within the time specified in the notice a medical examination of an employee whose name is specified in the notice.

        (2)         The Commissioner is to set out in any notice under subregulation (1) the purpose of the proposed medical examination.

        (3)         The Commissioner is to ensure that, before the medical examination is conducted, the employee is advised of the nature of, and the reasons for, the medical examination so that the employee is sufficiently informed for the purposes of making a choice in the selection of a medical practitioner.

        (4)         For the purposes of selecting a medical practitioner to conduct a medical examination under this regulation, an employer must consult with the employee to be examined and give the employee a reasonable choice in the selection of the medical practitioner.

        (5)         An employer must comply with a notice under subregulation (1) unless the employee does not agree to the selection of the medical practitioner or consent to undergoing the examination, proof of which is on the employer.

        (6)         A medical practitioner who conducts an examination under this regulation must —

            (a)         explain any test results to the employee and give the employee a copy of any test results;

            (b)         give to the employee a copy of any medical report based on the test results or medical examination;

            (c)         give a copy of the test results to the Commissioner; and

            (d)         on the written request of the person examined, supply the medical practitioner’s findings on the examination to another medical practitioner who has been nominated by the person examined.

        (7)         The Commissioner is to inform the employer of —

            (a)         the outcome of the medical examination; and

            (b)         any need for remedial action.

        (8)         The employer must ensure that the results of a medical examination under this section are treated as confidential records.

        Penalty applicable to subregulations (4), (5), (6) and (8):

            (a)         in the case of an individual —

                  (i)         for a first offence, $10 000; and

                  (ii)         for a subsequent offence, $12 500;

                or

            (b)         in the case of a body corporate —

                  (i)         for a first offence, $20 000; and

                  (ii)         for a subsequent offence, $25 000.

        [Regulation 2.11 amended in Gazette 14 Dec 2004 p. 6012.]