Under the Workplace Safety and Health (Medical Examinations) Regulations 2011, PART II MEDICAL EXAMINATIONS OF PERSONS
EMPLOYED IN HAZARDOUS OCCUPATIONS
Persons to be medically certified fit for employment
4.—(1) It shall be the duty of the responsible person of a person who is to be employed in any hazardous occupation described in regulation 3(a) to (e) to ensure that the person shall undergo a pre-placement medical examination by a designated workplace doctor and be certified fit to work in such occupation, not later than 3 months after the date he commences his employment in such occupation.
(2) It shall be the duty of the responsible person of a person who is to be employed in the hazardous occupation described in regulation 3(f) to ensure that the person shall be medically examined by a designated workplace doctor and certified fit to work in such occupation within 30 days before the date he is to commence his employment in such occupation.
(3) The medical examination referred to in paragraph (1) or (2) shall —
(a)consist of the examinations and investigations specified in the Schedule and such other examinations or investigations as the Commissioner may require from time to time in any particular case; and
(b)include —
(i)a clinical examination of the person for symptoms and signs of any diseases that may result from exposure to the hazards of the occupation in which the person is employed; and
(ii)an assessment as to whether the person who is to be employed in a hazardous occupation is fit to work in that occupation.
Periodic medical examinations
5.—(1) It shall be the duty of the responsible person of a person employed in any hazardous occupation to ensure that the person shall be periodically examined by a designated workplace doctor.
(2) The periodic medical examinations referred to in paragraph (1) shall —
(a)consist of the examinations and investigations specified in the Schedule;
(b)include —
(i)a clinical examination of the person for symptoms and signs of any diseases that may result from exposure to the hazards of the occupation in which the person is employed; and
(ii)an assessment as to whether the person who is employed in a hazardous occupation is fit to continue working in that occupation; and
(c)take place at the intervals specified in the Schedule.
(3) Notwithstanding paragraph (2), the Commissioner may, in cases where he considers expedient, require any person to be examined at intervals other than or in addition to those specified in the Schedule.
Other medical examinations
6.—(1) The Commissioner may require any person or category of persons employed in any hazardous occupation to undergo a medical examination other than or in addition to the medical examinations referred to in regulations 4 and 5.
(2) Where a person employed in any hazardous occupation is required to undergo any audiometric examinations under these Regulations, it shall be the duty of the responsible person of that person to ensure that the audiometric examinations shall be carried out by persons who have undergone a course of training in audiometric screening acceptable to the Commissioner (as specified by the Commissioner at the Ministry of Manpower website).
(3) Any responsible person who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.
Medical expenses to be borne by responsible person
7.—(1) It shall be the duty of the responsible person of a person who is employed or to be employed in any hazardous occupation —
(a)to arrange, at the expense of the responsible person, all medical examinations and investigations that the person employed or to be employed in any hazardous occupation is required to undergo under these Regulations; and
(b)to grant paid leave of absence to that person required to undergo any medical examination or investigation under these Regulations.
(2) It shall be the duty of any person who is required to undergo any medical examination or investigation under these Regulations to ensure that he shall submit himself for such medical examination and investigation.
(3) Any person who contravenes paragraph (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.
Registers of employees in hazardous occupations
8.—(1) It shall be the duty of the responsible person of a person or persons employed in any hazardous occupation in a workplace to keep registers of such persons.
(2)The responsible person shall ensure that the registers referred to in paragraph (1) are —
(a)kept in such form and manner as may be required by the Commissioner;
(b)updated at all times such as to show at any time, the particulars of all persons who are currently employed in any hazardous occupation in the workplace and all the persons who had or have been employed in the hazardous occupation in the workplace in the last 5 years; and
(c)be produced for inspection upon request by an inspector.
(3) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.
Designated workplace doctor to report results of medical examinations to employers
9.—(1) It shall be the duty of the designated workplace doctor to report the results of the medical examination of a person employed in any hazardous occupation in a workplace to the responsible person of that person.
(2) The report under paragraph (1) shall be submitted by the designated workplace doctor in a form determined by the Commissioner.
(3) The responsible person of a person employed in any hazardous occupation shall —
(a)keep the report of every medical examination of that person employed in a hazardous occupation for a period of at least 5 years from the date of the medical examination; and
(b)whenever required by the Commissioner within the period referred to in sub-paragraph (a), make available to the Commissioner the report or a summary of the report, as the Commissioner may specify.
(4)Any person who contravenes paragraph (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $10,000.
Designated workplace doctor may recommend suspension from work
10.—(1) Where a designated workplace doctor, having regard to the results of the medical examination carried out under these Regulations, is satisfied that the health of a person is likely to be or has been injuriously affected by the person’s employment in a hazardous occupation, it shall be the duty of the designated workplace doctor to advise the person that he —
(a)should not continue to be employed in that occupation; or
(b)be suspended from his work in such hazardous occupation temporarily for such period of time, as may be determined by the designated workplace doctor or permanently.
(2) Where the designated workplace doctor advises that a person employed in a hazardous occupation be suspended from employment in such hazardous occupation, it shall be the duty of the designated workplace doctor to —
(a)complete a certificate of suspension in such form and manner as may be determined by the Commissioner; and
(b)give a copy of the certificate of suspension to that person who is to be suspended from employment in a hazardous occupation, the responsible person concerned and the Commissioner.
(3) It shall be the duty of the responsible person of the person named in the certificate of suspension referred to in paragraph (2) to suspend the person from his work in the hazardous occupation.
(4) Any person named in the certificate of suspension referred to in paragraph (2) or the responsible person may, within 14 days from the date of the certificate of suspension, appeal to the Commissioner against it and the Commissioner’s decision shall be final.
Designated workplace doctor may inspect place of work
11.—(1) It shall be the duty of the occupier of a workplace to provide all facilities to the designated workplace doctor to inspect the premises of the workplace and any process or work in or on which a person being examined by the designated workplace doctor under these Regulations is or is to be employed.
(2)It shall be the duty of the responsible person of a person who is employed in any hazardous occupation in a workplace and the occupier of that workplace to provide the designated workplace doctor with all information which is relevant and within their joint knowledge to enable the designated workplace doctor to carry out a proper medical examination of such person under these Regulations.
