14Fitness for duty

14 Fitness for duty

14 Fitness for duty

(cf cl 15 GSE Reg 2014)

(1) If the Transport Secretary has reason to believe that a Transport executive may be unfit to perform, or be incapable of performing, the duties of the executive’s employment, the Transport Secretary may direct the executive to submit to such medical examination or other health assessment as the Transport Secretary may, on the advice of a nominated medical assessor, consider necessary.

(2) If the Transport Secretary gives a Transport executive a direction under subrule (1), the executive:

(a) must, if on duty, cease duty immediately, and

(b) must not resume duty until the completion of the medical examination or other health assessment concerned unless the concurrence of a nominated medical assessor is first obtained or a certificate is furnished by a medical practitioner that the executive is fit for duty.

(3) If the Transport Secretary receives a health assessment from a nominated medical assessor that a Transport executive is fit for duty and the executive is absent from duty, the Transport Secretary is to direct in writing that the executive must resume duty.

(4) If the Transport Secretary receives a health assessment from a nominated medical assessor that a Transport executive is not fit for duty:

(a) the Transport Secretary is to direct in writing that the executive must cease duty immediately or, if absent from duty, must not resume duty, and

(b) the executive must not resume duty unless the Transport Secretary, on the advice of a nominated medical assessor, approves the resumption of duty in writing.

(5) If a direction has been given to a Transport executive under subrule (3) or (4), the nature of the leave, if any, to be granted to the executive during the absence from duty is to be determined by the Transport Secretary after consideration of any relevant advice of the nominated medical assessor.

(6) The Transport Secretary is to give the health care professional providing a health assessment of a Transport executive under this rule any requested information about the employment of the executive that is reasonably required for the purpose of providing the assessment.

(7) In this rule:

nominated medical assessor means a person or body, or a person who is a member of a class of persons, nominated by the Transport Secretary for the purposes of this rule.