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Coal Mining Safety and Health Regulation 2017
sec.44Definitions for division
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### sec.44 Definitions for division
In this division—
appointed medical adviser see section 45 (1) (a) .
approved examining doctor means a doctor for whom an approval under subdivision 3B to carry out the scheme function mentioned in section 49H (1) (a) is in force.
approved provider , for a scheme function, means an entity for whom an approval under subdivision 3B for the scheme function is in force.
approved supervising doctor means a doctor for whom an approval under subdivision 3B to carry out the scheme function mentioned in section 49H (1) (b) is in force.
assessment means—
a health assessment; or
a subsequent assessment; or
a further health assessment; or
an exit assessment; or
a former worker assessment.
chest examination means—
an examination of chest expansion; and
auscultation.
chest x-ray examination means an examination of an x-ray taken of a person’s chest—
to screen for indications of pneumoconioses or other respiratory diseases; and
performed in compliance with the ILO guidelines.
s 44 def chest x-ray examination amd 2020 SL No. 108 s 4 (2)
coal mine worker does not include a coal mine worker carrying out a low risk task at a coal mine.
comparative assessment , of a person’s spirometry, means a comparison of the results of the person’s spirometry with the results of the person’s previous spirometries for the purpose of identifying trends.
exit assessment means—
an exit assessment under section 49A (2) ; or
a medical examination under section 49B (1) .
former worker see section 49C .
former worker assessment see section 49D (1) .
further health assessment see section 48 (2) (a) .
further reading , of an x-ray taken of a person’s chest, means an examination of the x-ray—
to screen for indications of pneumoconioses or other respiratory diseases; and
performed in compliance with the ILO guidelines; and
performed for the purpose of considering the classification of the x-ray under a previous chest x-ray examination and finally deciding the classification under the ILO guidelines.
s 44 def further reading amd 2020 SL No. 108 s 4 (2)
health assessment means—
a health assessment under section 46 (1) ; or
a medical examination under section 46B (4) .
ILO guidelines means the guidelines called ‘Guidelines for the use of the ILO International Classification of Radiographs of Pneumoconioses’ published by the International Labour Organization.
The ILO guidelines are available at the International Labour Organization’s website.
s 44 def ILO guidelines sub 2020 SL No. 108 s 4 (1)
information notice , for a decision, means a written notice stating the following information—
the decision;
the reasons for the decision;
See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.
that the person to whom the notice is given may ask for a review of the decision under section 49T .
low risk task means a task shown by a risk assessment to create a risk that is so minimal it can be managed effectively without requiring the worker to undergo a health assessment.
relevant medical specialist , for a coal mine worker, means a specialist registrant under the Health Practitioner Regulation National Law for a branch of medicine relevant to the worker’s medical condition.
report , in relation to an assessment, means a report on the outcome of the assessment that is—
for a health assessment, subsequent assessment or exit assessment—completed by the appointed medical adviser carrying out or supervising the assessment as part of the approved form for the assessment; or
for a further health assessment—completed by the doctor or relevant medical specialist carrying out the assessment; or
for a former worker assessment—completed by the doctor supervising the assessment as part of the approved form for the assessment.
review report see section 48A (1) (b) .
scheme function means a function in relation to which an entity may apply for an approval under section 49H .
subsequent assessment see section 46B (3) .
s 44 sub 2018 SL No. 102 s 8
- (a) a health assessment; or
- (b) a subsequent assessment; or
- (c) a further health assessment; or
- (d) an exit assessment; or
- (e) a former worker assessment.
- (a) an examination of chest expansion; and
- (b) auscultation.
- (a) to screen for indications of pneumoconioses or other respiratory diseases; and
- (b) performed in compliance with the ILO guidelines.
- (a) an exit assessment under section 49A (2) ; or
- (b) a medical examination under section 49B (1) .
- (a) to screen for indications of pneumoconioses or other respiratory diseases; and
- (b) performed in compliance with the ILO guidelines; and
- (c) performed for the purpose of considering the classification of the x-ray under a previous chest x-ray examination and finally deciding the classification under the ILO guidelines.
- (a) a health assessment under section 46 (1) ; or
- (b) a medical examination under section 46B (4) .
- (a) the decision;
- (b) the reasons for the decision; Note— See the Acts Interpretation Act 1954 , section 27B for matters that must be included with the reasons.
- (c) that the person to whom the notice is given may ask for a review of the decision under section 49T .
- (a) for a health assessment, subsequent assessment or exit assessment—completed by the appointed medical adviser carrying out or supervising the assessment as part of the approved form for the assessment; or
- (b) for a further health assessment—completed by the doctor or relevant medical specialist carrying out the assessment; or
- (c) for a former worker assessment—completed by the doctor supervising the assessment as part of the approved form for the assessment.