201Return after medical removal

201 Return after medical removal

Reg. 201(1) amended by S.R. No. 71/2018 reg. 12(1).

(1) This regulation applies if an employer expects that an employee will return to lead-risk work after removal from the work under regulation 199(1)(a) or (b), or regulation 199(1A)(a) or (b).

(2) The employer must arrange for the employee to be re-examined by a registered medical practitioner, at a frequency determined by the registered medical practitioner, to assess whether the employee is suitable to return to lead-risk work.

Reg. 201(3) amended by S.R. No. 71/2018 reg. 12(2).

(3) Subject to subregulation (3A), the employer must ensure that the employee does not return to lead-risk work until—

(a) the employee's blood lead level is less than—

(i) for a woman not of reproductive capacity or a man, 1·93 micromoles/litre (40 micrograms/decilitre); or

(ii) for a woman of reproductive capacity, 0·48 micromoles/litre (10 micrograms/decilitre); and

(b) a registered medical practitioner certifies that the employee is fit to return to the lead-risk work.

Reg. 201(3A) inserted by S.R. No. 71/2018 reg. 12(3).

(3A) On and from the date that is the 2-year anniversary of the commencement of the Occupational Health and Safety Amendment Regulations 2018, the employer must ensure that the employee does not return to lead-risk work until—

(a) the employee's blood lead level is less than—

(i) for a woman not of reproductive capacity or a man, 0·97 micromoles/litre (20 micrograms/decilitre); or

(ii) for a woman of reproductive capacity, 0·24 micromoles/litre (5 micrograms/decilitre); and

(b) a registered medical practitioner certifies that the employee is fit to return to the lead-risk work.

(4) In this regulation the duties of an employer in relation to an employee returning to work after removal from lead-risk work extend to an independent contractor.

Act compliance—section 21(see regulation 7).