411Health monitoring

411 Health monitoring

(1) The operator of a mine must arrange for the ongoing health monitoring of an employee—

(a) who, having regard to the nature of the employee's work at the mine, is exposed to a mining hazard that may reasonably be expected to have an adverse effect on the employee's health; or

(b) if the operator, in consultation with a registered medical practitioner, reasonably believes that, having regard to the nature of the employee's work at the mine, the condition of the employee exposes—

(i) the employee to a risk to their health or safety; or

(ii) any other person at the mine to a risk to their health or safety.

(2) The monitoring of an employee's health may include a medical examination which must be conducted—

(a) only in relation to the employee's work at the mine; and

(b) by, or under the supervision of, a registered medical practitioner; and

(c) at a frequency determined by the operator in consultation with a registered medical practitioner.

(3) The duties of an operator of a mine to an employee under this regulation extend to an independent contractor.