Mining and Quarrying Safety and Health Regulation 2017
sec.87Assessing workers to decide fitness level
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sec.87 Assessing workers to decide fitness level
The site senior executive for a mine must ensure— each worker at the mine is assessed to decide if the worker’s fitness level is adequate to enable the worker to carry out work at the mine without creating an unacceptable level of risk; and a record of the assessment (a fitness assessment record ) is kept. The assessment must be carried out in an appropriate way, including, for example, by a medical examination, having regard to the nature of the work. The assessment must be carried out— before the worker first starts work at the mine; and whenever the worker’s duties change; and periodically, as necessary, to assess— changes in the worker’s fitness for the work; or the adequacy of the worker’s fitness level for the work. If the site senior executive considers the assessment needs to be carried out by a medical examination, the site senior executive must arrange for the assessment to be done by, or under the supervision of, an appropriate doctor. The appropriate doctor must give— the site senior executive a fitness assessment report; and the worker a copy and explanation of the report. The worker’s employer must pay for the assessment and fitness assessment report. Maximum penalty—30 penalty units. Subsection (5) is not a safety and health obligation for the Act . s 87 amd 2019 SL No. 140 s 21 sch 1 (sec.87-ssec.1) The site senior executive for a mine must ensure— each worker at the mine is assessed to decide if the worker’s fitness level is adequate to enable the worker to carry out work at the mine without creating an unacceptable level of risk; and a record of the assessment (a fitness assessment record ) is kept. (sec.87-ssec.2) The assessment must be carried out in an appropriate way, including, for example, by a medical examination, having regard to the nature of the work. (sec.87-ssec.3) The assessment must be carried out— before the worker first starts work at the mine; and whenever the worker’s duties change; and periodically, as necessary, to assess— changes in the worker’s fitness for the work; or the adequacy of the worker’s fitness level for the work. (sec.87-ssec.4) If the site senior executive considers the assessment needs to be carried out by a medical examination, the site senior executive must arrange for the assessment to be done by, or under the supervision of, an appropriate doctor. (sec.87-ssec.4A) The appropriate doctor must give— the site senior executive a fitness assessment report; and the worker a copy and explanation of the report. (sec.87-ssec.5) The worker’s employer must pay for the assessment and fitness assessment report. Maximum penalty—30 penalty units. (sec.87-ssec.6) Subsection (5) is not a safety and health obligation for the Act .
- (a) each worker at the mine is assessed to decide if the worker’s fitness level is adequate to enable the worker to carry out work at the mine without creating an unacceptable level of risk; and