A Nominated Medical Adviser completing a Health Assessment Report under s 46 of the Coal Mining Safety and Health Regulation 2001 (Qld) must base the assessment on the information contained in the approved form (Sections 1, 2 and 3), and may draw on professional knowledge and experience concerning the tasks undertaken in the position indicated by the form, but must not act on instructions or information provided by the employer outside the form. An assessment amended on the basis of such extraneous instructions is invalid. Where the form as completed identifies a specific task (such as drill rig operation) as the employee's current work, the NMA is entitled to assess fitness against that task notwithstanding that the employer's generic position description is broader.
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