(1)  If the Registrar has reason to believe that the health of a chemical operator may have been affected by the handling of a chemical product, the Registrar may require the chemical operator to undergo a medical examination –

(a) by a registered medical practitioner at the time and place specified in the requirement; or

(b) by a registered medical practitioner as arranged by the chemical operator and approved by the Registrar.

(2)  A requirement under subregulation (1) for a chemical operator to undergo a medical examination is to be made by written notice provided to the chemical operator.

(3)  A chemical operator must comply with a requirement to undergo a medical examination made under subregulation (2) .

Penalty:  Fine not exceeding 20 penalty units.

(4)  The employer of a chemical operator who is required under subregulation (1) to undergo a medical examination must –

(a) allow the chemical operator to be absent from employment for the purpose of attending the medical examination; and

(b) if the chemical operator is absent from employment under paragraph (a) , pay the chemical operator the remuneration that the chemical operator would have received if he or she had remained at the place of employment during the time he or she is absent for the purpose of attending the medical examination.

(5)  A person must, on the demand of a chemical operator who is required under subregulation (1) to undergo a medical examination, reimburse the chemical operator for the reasonable expenses incurred by the chemical operator in complying with that requirement if –

(a) the person employed the chemical operator in handling a chemical product or class of chemical product before the requirement was made; and

(b) the requirement was made in relation to that chemical product or class of chemical product; and

(c) the Registrar certifies that there are reasonable grounds for believing that the handling of that chemical product or class of chemical product on behalf of that person contributed to the need for making that requirement.

(6)  The Registrar may make any arrangements he or she considers appropriate to facilitate the carrying out of a medical examination required under subregulation (1) .

(7)  The medical practitioner carrying out a medical examination in response to a requirement made under subregulation (1)  –

(a) may take, or require the taking of, samples of blood and other substances; and

(b) may have those samples tested; and

(c) must provide the Registrar with a report on the results of the medical examination and the testing of any samples taken.

(8)  If the Registrar is satisfied, after considering the report of the medical practitioner, that a chemical operator is absorbing or has absorbed a chemical product, or one or more chemical products of a class of chemical product, in quantities that are adversely affecting, or are likely to adversely affect, the health of the chemical operator, the Registrar –

(a) must provide the chemical operator with a written notice stating that fact; and

(b) may, by a further written notice provided to the chemical operator, prohibit the chemical operator from handling that chemical product or any chemical product of that class, or from performing the operations specified in the notice, indefinitely or for the period specified in the notice; and

(c) must provide a copy of all notices provided under paragraphs (a) and (b) to all persons who appear to the Registrar to have employed the chemical operator to handle that chemical product or any chemical product of that class when, or after the time at which, the chemical operator was provided with the requirement to undergo a medical examination.

(9)  If a chemical operator has been prohibited, by a notice under subregulation (8)(b) , from handling a chemical product or any chemical product of a class of chemical product or from performing an operation –

(a) the chemical operator must not, except with the written consent of the Registrar, contravene that notice; and

(b) a person who has been provided with a copy of that notice must not, except with the written consent of the Registrar, employ the chemical operator to handle a chemical product or perform an operation in contravention of that notice.

Penalty:  Fine not exceeding 20 penalty units.