Health monitoring records
444 Health monitoring records
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—
identified as a record in relation to the worker; and
for at least 40 years after the record is made.
Maximum penalty: tier I monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
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.
Maximum penalty: tier I monetary penalty.
Note Strict liability applies to each physical element of each offence under this regulation, unless otherwise stated (see s 6A).
Subsection (2) does not apply if the record is disclosed under section 442 (Duty to give health monitoring report to regulator) or section 443 (Duty to give health monitoring report to relevant persons conducting businesses or undertakings) or to a person who must keep the record confidential under a duty of professional confidentiality.
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