(1) This regulation applies if:
(a) a worker is removed from carrying out lead risk work under regulation 415; and
(b) the person conducting a business or undertaking at the workplace who removed the worker expects the worker to return to carrying out lead risk work at the workplace.
(2) The person conducting the business or undertaking must arrange for health monitoring under the supervision of a registered medical practitioner with experience in health monitoring at a frequency decided by the practitioner to determine whether the worker's blood lead level is low enough for the worker to return to carrying out lead risk work.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (2)
Strict liability applies to each physical element of this offence. See section 12B of the Act.
(3) The person conducting the business or undertaking must ensure that the worker does not return to carrying out lead risk work until:
(a) the worker's blood lead level is less than:
(i) for females not of reproductive capacity and males – 40 µg/dL (1.93 µmol/L); or
(ii) for females of reproductive capacity – 10 µg/dL (0.48 µmol/L); and
(b) a registered medical practitioner with experience in health monitoring is satisfied that the worker is fit to return to carrying out lead risk work.
Maximum penalty:
(a) in the case of an individual – $6 000.
(b) in the case of a body corporate – $30 000.
Note for subregulation (3)
Strict liability applies to each physical element of this offence. See section 12B of the Act.