A person conducting a
business or undertaking must ensure that health monitoring is provided to a
worker carrying out work for the business or undertaking if —
(a) the
worker is carrying out ongoing work at a workplace using, handling, generating
or storing hazardous chemicals and there is a risk to the worker’s
health because of exposure to a hazardous chemical referred to in
Schedule 14 Table 14.1 column 2; or
(b) the
person identifies that because of ongoing work carried out by a worker using,
handling, generating or storing hazardous chemicals there is a risk that the
worker will be exposed to a hazardous chemical (other than a hazardous
chemical referred to in Schedule 14 Table 14.1) and
either —
(i)
valid techniques are available to detect the effect on
the worker’s health; or
(ii)
a valid way of determining biological exposure to the
hazardous chemical is available and it is uncertain, on reasonable grounds,
whether the exposure to the hazardous chemical has resulted in the biological
exposure standard being exceeded.
Penalty:
(a) for
an individual, a fine of $7 000;
(b) for
a body corporate, a fine of $35 000.
Note for this regulation:
The biological
exposure standard is published by Safe Work Australia.