Commonwealth Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY (MARITIME INDUSTRY) (NATIONAL STANDARDS) REGULATIONS 2003 - REG 2.21

  (1)   If an assessment report prepared under regulation   2.15 (other than a report to which subregulation (3) applies) indicates a need for, or contains the results of, atmospheric monitoring or health surveillance, the operator to whom the report relates must keep the report, as a record:

  (a)   in a suitable form; and

  (b)   for at least 30 years from the date of the last entry in the report.

Penalty:   5 penalty units.

  (2)   If an assessment report prepared under regulation   2.15 (other than a report to which subregulation (3) applies) does not indicate a need for atmospheric monitoring or health surveillance, the operator to whom the report relates must keep the report, as a record:

  (a)   in a suitable form; and

  (b)   for at least 5 years from the date of the last entry in the report.

Penalty:   5 penalty units.

  (3)   If an assessment report prepared under regulation   2.15 identifies an employee or a contractor as likely to have been exposed, in the course of the employee's employment or of the contractor's work at the workplace, to a scheduled carcinogenic substance in, or in connection with, a circumstance mentioned in column 3 of Schedule   1 in relation to that substance, the operator to whom the report relates must:

  (a)   keep a record of the full name, date of birth and address of the employee or contractor; and

  (b)   keep the report, as a record:

  (i)   in a suitable form; and

  (ii)   for at least 30 years from the date of the last entry in the report.

Penalty:   5 penalty units.

  (4)   If a document includes details of instruction and training given by an operator to an employee or a contractor for the purposes of this Part, the operator must keep the document, as a record:

  (a)   in a suitable form; and

  (b)   for at least 5 years from the date of the last entry in the document.

Penalty:   5 penalty units.

  (5)   If an operator that keeps a record referred to in subregulation (1), (2) or (3) ceases operation in Australia before the end of the minimum period for which the record must be kept, the operator must give the record to the Authority.

Penalty:   5 penalty units.

  (6)   An offence against subregulation (1), (2), (3), (4) or (5) is an offence of strict liability.

  (7)   In this regulation:

"suitable form" means:

  (a)   a legible form in the English language; or

  (b)   a form that is readily accessible and convertible into a legible form in the English language.