Western Australian Current Regulations

WORK HEALTH AND SAFETY ( GENERAL ) REGULATIONS 2022 - REG 444

444 .         Health monitoring records

        (1)         A person conducting a business or undertaking must ensure that health monitoring reports in relation to a worker carrying out work for the business or undertaking are kept as a confidential record —

            (a)         identified as a record in relation to the worker; and

            (b)         for at least 40 years after the record is made.

        Penalty for this subregulation:

            (a)         for an individual, a fine of $1 450;

            (b)         for a body corporate, a fine of $7 000.

        (2)         The person must ensure that the health monitoring report and results of a worker are not disclosed to another person without the worker’s written consent.

        Penalty for this subregulation:

            (a)         for an individual, a fine of $1 450;

            (b)         for a body corporate, a fine of $7 000.

        (3)         Subregulation (2) does not apply if the record is disclosed under regulation 442 or  443 or to a person who must keep the record confidential under a duty of professional confidentiality.