New South Wales Consolidated Regulations

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WORK HEALTH AND SAFETY REGULATION 2017 - REG 444

Health monitoring records

444 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 40 years after the record is made.
: Maximum penalty--
(a) in the case of an individual--15 penalty units, or
(b) in the case of a body corporate--70 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) in the case of an individual--15 penalty units, or
(b) in the case of a body corporate--70 penalty units.
(3) Subclause (2) does not apply if the record is disclosed under clause 442 or 443 or to a person who must keep the record confidential under a duty of professional confidentiality.



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