sec.48AConflicting health assessment reports

### sec.48A Conflicting health assessment reports This section applies if— a health assessment report and a further health assessment report about a coal mine worker contain conflicting information about whether the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk; and the worker or the employer, within 28 days after being given a report under section 48 (4) (b) (ii) (the review report ), gives assessment documents for the worker to the CEO and— if the worker gives the documents—the employer; or if the employer gives the documents—the worker. The CEO must appoint a relevant medical specialist to prepare a report (a final report ) after the relevant medical specialist— reviews— a copy of the approved form completed for the health assessment under section 46A ; and the further health assessment report; and the review report; and if the relevant medical specialist decides it is necessary—carries out another assessment of the worker’s health or a medical examination of the worker to resolve the conflict in the reports. The relevant medical specialist must not be the person who prepared the health assessment report or the further health assessment report in relation to the worker. The CEO must give a copy of the final report to the worker and the employer. The CEO must pay for— the preparation of the final report; and any assessment of the worker’s health or medical examination of the worker carried out by the relevant medical specialist for the final report. The employer may take action to terminate the worker’s employment or demote the worker only if— the relevant medical specialist asks the worker to submit to another assessment or medical examination under subsection (2) (b) and the worker does not undergo the assessment or examination when given a reasonable opportunity to do so; or the final report shows the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk. In this section— assessment documents , about a conflict relating to a worker, means the following documents— a notice about the conflict; a copy of the health assessment report, further health assessment report and review report prepared in relation to the worker. s 48A amd 2018 SL No. 102 s 17; 2020 SL No. 69 s 24 sch 1 (sec.48A-ssec.1) This section applies if— a health assessment report and a further health assessment report about a coal mine worker contain conflicting information about whether the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk; and the worker or the employer, within 28 days after being given a report under section 48 (4) (b) (ii) (the review report ), gives assessment documents for the worker to the CEO and— if the worker gives the documents—the employer; or if the employer gives the documents—the worker. (sec.48A-ssec.2) The CEO must appoint a relevant medical specialist to prepare a report (a final report ) after the relevant medical specialist— reviews— a copy of the approved form completed for the health assessment under section 46A ; and the further health assessment report; and the review report; and if the relevant medical specialist decides it is necessary—carries out another assessment of the worker’s health or a medical examination of the worker to resolve the conflict in the reports. (sec.48A-ssec.3) The relevant medical specialist must not be the person who prepared the health assessment report or the further health assessment report in relation to the worker. (sec.48A-ssec.4) The CEO must give a copy of the final report to the worker and the employer. (sec.48A-ssec.5) The CEO must pay for— the preparation of the final report; and any assessment of the worker’s health or medical examination of the worker carried out by the relevant medical specialist for the final report. (sec.48A-ssec.6) The employer may take action to terminate the worker’s employment or demote the worker only if— the relevant medical specialist asks the worker to submit to another assessment or medical examination under subsection (2) (b) and the worker does not undergo the assessment or examination when given a reasonable opportunity to do so; or the final report shows the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk. (sec.48A-ssec.7) In this section— assessment documents , about a conflict relating to a worker, means the following documents— a notice about the conflict; a copy of the health assessment report, further health assessment report and review report prepared in relation to the worker. s 48A amd 2018 SL No. 102 s 17; 2020 SL No. 69 s 24 sch 1 - (a) a health assessment report and a further health assessment report about a coal mine worker contain conflicting information about whether the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk; and - (b) the worker or the employer, within 28 days after being given a report under section 48 (4) (b) (ii) (the review report ), gives assessment documents for the worker to the CEO and— (i) if the worker gives the documents—the employer; or (ii) if the employer gives the documents—the worker. - (i) if the worker gives the documents—the employer; or - (ii) if the employer gives the documents—the worker. - (i) if the worker gives the documents—the employer; or - (ii) if the employer gives the documents—the worker. - (a) reviews— (i) a copy of the approved form completed for the health assessment under section 46A ; and (ii) the further health assessment report; and (iii) the review report; and - (i) a copy of the approved form completed for the health assessment under section 46A ; and - (ii) the further health assessment report; and - (iii) the review report; and - (b) if the relevant medical specialist decides it is necessary—carries out another assessment of the worker’s health or a medical examination of the worker to resolve the conflict in the reports. - (i) a copy of the approved form completed for the health assessment under section 46A ; and - (ii) the further health assessment report; and - (iii) the review report; and - (a) the preparation of the final report; and - (b) any assessment of the worker’s health or medical examination of the worker carried out by the relevant medical specialist for the final report. - (a) the relevant medical specialist asks the worker to submit to another assessment or medical examination under subsection (2) (b) and the worker does not undergo the assessment or examination when given a reasonable opportunity to do so; or - (b) the final report shows the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk. - (a) a notice about the conflict; - (b) a copy of the health assessment report, further health assessment report and review report prepared in relation to the worker.