378Health monitoring records

378 Health monitoring records

378 Health monitoring records

(1) A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record—

(a) identified as a record in relation to the worker, and

(b) for at least 30 years after the record is made.

Maximum penalty—

(a) for an individual—15 penalty units, or

(b) for a body corporate—75 penalty units.

(2) The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker’s written consent.

Maximum penalty—

(a) for an individual—15 penalty units, or

(b) for a body corporate—75 penalty units.

(3) Subsection (2) does not apply if the record is disclosed under section 376 or 377 or to a person who must keep the record confidential under a duty of professional confidentiality.