(1) If an employee is tested under regulation 37, or examined under regulation 38, the employer must keep the test results or examination report while the employee is employed by the employer.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(2) Subject to subregulation (3), the employer must, on request, provide a health and safety representative with aggregate results of the most recent audiometric tests under regulation 37 in relation to the representative's designated work group as soon as reasonably possible.
Penalty: 60 penalty units for a natural person;
300 penalty units for a body corporate.
(3) Aggregate results provided under subregulation (2) must not contain information that identifies the employees tested or from which an employee's identity could be reasonably obtained.
Division 1—Introductory matters