South Australian Current Regulations South Australian Current Regulations675P—Health monitoring reports kept as records
(1) The person
conducting a business or undertaking that engaged a worker at the mine must
ensure that a health monitoring report in relation to the worker is kept as a
confidential record.
Maximum penalty:
(a) in
the case of an individual—$1 250;
(b) in
the case of a body corporate—$6 000.
(1a) The person must
ensure that a health monitoring report in relation to a worker is kept for at
least—
(a) for
hazards known to have a cumulative or delayed health
effect—30 years after the record is made; or
(b) for
other hazards—7 years after the record is made.
Maximum penalty:
(a) in
the case of an individual—$1 250;
(b) in
the case of a body corporate—$6 000.
(2) A person
conducting a business or undertaking who obtains a health monitoring report in
relation to a worker under this Part must not disclose the report to another
person without the worker's written consent.
Maximum penalty:
(a) in
the case of an individual—$1 250;
(b) in
the case of a body corporate—$6 000.
(3)
Subregulation (2) does not apply if the report is disclosed to—
(a) a
mine operator to whom a copy report is given under regulation 675M; or
(b) the
regulator under regulation 675O; or
(c) a
new mine operator to whom all records are given under regulation 615(3);
or
(d) a
person who must keep the report confidential under a duty of professional
confidentiality; or
(e) a
health and safety representative in accordance with section 71(2) of the
Act.
(4) The
person conducting a business or undertaking that engaged a worker at the mine
must ensure, so far as is reasonably practicable, that any health monitoring
report kept in relation to a worker under subregulation (1) is given to
the worker if the business or undertaking at the mine is to be wound up or
otherwise cease to exist.
Maximum penalty:
(a) in
the case of an individual—$1 250;
(b) in
the case of a body corporate—$6 000.