Queensland Consolidated Regulations

COAL MINING SAFETY AND HEALTH REGULATION 2017 - REG 48

48 Reviewing health assessment report

(1) This section applies if the employer is given a health assessment report (the
"original health assessment report" ) about a coal mine worker showing the worker is unable to carry out the worker’s tasks at the mine without creating an unacceptable level of risk.

(2) Before taking action to terminate the coal mine worker’s employment or demote the worker, the employer must give—

(a) the worker a reasonable opportunity to undergo an assessment (a
"further health assessment" ) supervised by either of the following chosen by the worker—

(i) a doctor who is an approved supervising doctor;

(ii) a relevant medical specialist; and

(b) the doctor or relevant medical specialist chosen by the worker details of the worker’s tasks.

Note—

If section 48A applies in relation to a coal mine worker, section 48A (6) also imposes restrictions on the termination or demotion of the worker.

(3) Subsection (4) applies if the worker—

(a) undergoes the further health assessment; and

(b) gives the employer a report about the assessment (the
"further health assessment report" ), signed by the doctor or relevant medical specialist who supervised the assessment.

(4) The employer must—

(a) give the appointed medical adviser who gave the employer the original health assessment report a copy of the further health assessment report; and

(b) ask the appointed medical adviser to—

(i) review the original health assessment report having regard to the further health assessment report; and

(ii) give a report about the review to the employer and worker.

(5) The worker must pay for the further health assessment.