A person conducting a business or undertaking must ensure that health monitoring of a worker referred to in regulation 368 includes health monitoring of a type referred to in an item in Schedule 14, table 14.1, column 3 in relation to a hazardous chemical referred to in column 2 for the item, unless:
(a) an equal or better type of health monitoring is available; and
(b) the use of that other type of monitoring is recommended by a registered medical practitioner with experience in health monitoring.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for regulation 370
Strict liability applies to each physical element of this offence. See section 12B of the Act.