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Coal Mining Safety and Health Regulation 2017
sec.49ARequest for exit assessment
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### sec.49A Request for exit assessment
This section applies to a person who permanently retires from working as a coal mine worker.
The person may ask the employer for an assessment (an exit assessment ) to be carried out—
during the 6 month period that begins 3 months before the person retires; and
at a time, or times, during that period when the person is available for the assessment.
If a person asks for an exit assessment under subsection (2) , the employer must—
arrange for the exit assessment to be carried out within the period mentioned in subsection (2) (a) ; and
ask the appointed medical adviser to give—
a copy of the exit assessment report to the employer; and
a copy and explanation of the exit assessment report to the person; and
ensure, before an explanation of the exit assessment report from the appointed medical adviser is given to the employer, the person agrees to the explanation being given and is present.
An exit assessment must be carried out—
in compliance with all instructions stated in the approved form; and
by the employer’s appointed medical adviser or an approved examining doctor; and
if the exit assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.
This section does not apply if the person—
worked as a coal mine worker for less than 3 years; or
had, during the 3 years before the person retired, a health assessment that complied with section 46A and included—
a chest examination; and
a spirometry; and
if the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and
a chest x-ray examination; and
a further reading of the chest x-ray the subject of the examination required under subparagraph (iv) .
s 49A amd 2018 SL No. 102 s 19 ; 2020 SL No. 69 s 24 sch 1
(sec.49A-ssec.1) This section applies to a person who permanently retires from working as a coal mine worker.
(sec.49A-ssec.2) The person may ask the employer for an assessment (an exit assessment ) to be carried out— during the 6 month period that begins 3 months before the person retires; and at a time, or times, during that period when the person is available for the assessment.
(sec.49A-ssec.3) If a person asks for an exit assessment under subsection (2) , the employer must— arrange for the exit assessment to be carried out within the period mentioned in subsection (2) (a) ; and ask the appointed medical adviser to give— a copy of the exit assessment report to the employer; and a copy and explanation of the exit assessment report to the person; and ensure, before an explanation of the exit assessment report from the appointed medical adviser is given to the employer, the person agrees to the explanation being given and is present.
(sec.49A-ssec.4) An exit assessment must be carried out— in compliance with all instructions stated in the approved form; and by the employer’s appointed medical adviser or an approved examining doctor; and if the exit assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.
(sec.49A-ssec.5) This section does not apply if the person— worked as a coal mine worker for less than 3 years; or had, during the 3 years before the person retired, a health assessment that complied with section 46A and included— a chest examination; and a spirometry; and if the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and a chest x-ray examination; and a further reading of the chest x-ray the subject of the examination required under subparagraph (iv) . s 49A amd 2018 SL No. 102 s 19 ; 2020 SL No. 69 s 24 sch 1
- (a) during the 6 month period that begins 3 months before the person retires; and
- (b) at a time, or times, during that period when the person is available for the assessment.
- (a) arrange for the exit assessment to be carried out within the period mentioned in subsection (2) (a) ; and
- (b) ask the appointed medical adviser to give— (i) a copy of the exit assessment report to the employer; and (ii) a copy and explanation of the exit assessment report to the person; and
- (i) a copy of the exit assessment report to the employer; and
- (ii) a copy and explanation of the exit assessment report to the person; and
- (c) ensure, before an explanation of the exit assessment report from the appointed medical adviser is given to the employer, the person agrees to the explanation being given and is present.
- (i) a copy of the exit assessment report to the employer; and
- (ii) a copy and explanation of the exit assessment report to the person; and
- (a) in compliance with all instructions stated in the approved form; and
- (b) by the employer’s appointed medical adviser or an approved examining doctor; and
- (c) if the exit assessment is carried out by an approved examining doctor—under the supervision of the employer’s appointed medical adviser.
- (a) worked as a coal mine worker for less than 3 years; or
- (b) had, during the 3 years before the person retired, a health assessment that complied with section 46A and included— (i) a chest examination; and (ii) a spirometry; and (iii) if the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and (iv) a chest x-ray examination; and (v) a further reading of the chest x-ray the subject of the examination required under subparagraph (iv) .
- (i) a chest examination; and
- (ii) a spirometry; and
- (iii) if the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and
- (iv) a chest x-ray examination; and
- (v) a further reading of the chest x-ray the subject of the examination required under subparagraph (iv) .
- (i) a chest examination; and
- (ii) a spirometry; and
- (iii) if the results of 1 or more previous spirometries for the person were in the possession of the CEO or appointed medical adviser—a comparative assessment of the person’s spirometry; and
- (iv) a chest x-ray examination; and
- (v) a further reading of the chest x-ray the subject of the examination required under subparagraph (iv) .