Occupational Health and Safety Act

29(1)

A Director of Medical Services, for the purposes of determining

(a) the extent of any injury suffered by a worker injured in an incident that occurred in respect of that worker’s occupation, or

(b) whether a worker is suffering from an occupational disease that is related to that worker’s occupation, may require that worker to be medically examined by a physician chosen by a Director of Medical Services or by the worker’s physician.

29(2)

An employer shall pay the cost for a medical examination of a worker under subsection (1) and any wages and benefits that the worker would have received for working during those normal hours of employment that were spent by that worker in being examined or going to or returning from that examination.

29(3)

The medical examination must only occur with the consent of the worker.

30

When a physician or other health care professional, in the course of professional practice, finds that a person is affected with or is suffering from a notifiable disease, the physician or other health care professional shall, within 7 days after the diagnosis of that disease or becoming aware of the diagnosis, notify a Director of Medical Services in writing of the name, address, employer and place of employment of that person and the name of the notifiable disease.

31(1)

A physician or other health care professional who performs or supervises a medical examination of a worker as required under sections 29 and 32 or the OHS Code shall, on the request of a Director of Medical Services, disclose any medical reports that a Director of Medical Services may require for the purpose of enforcement of this Act, the regulations and the OHS Code.

31(2)

A physician, nurse or first aid attendant who attends a worker who became ill or was injured while engaged in an occupation shall, on the request of a Director of Medical Services, disclose any reports that a Director of Medical Services may require for the purpose of enforcement of this Act, the regulations and the OHS Code.

31(3)

On the request of a Director of Medical Services, any employer or service provider who has reports containing health information related to a worker who became ill or was injured while engaged in an occupation shall provide such reports to the Director of Medical Services for the purpose of enforcement of this Act, the regulations and the OHS Code.

31(4)

On the request of a Director of Medical Services, a custodian shall disclose any reports in the custodian’s custody or under the custodian’s control, including individually identifying health information or personal information contained in such a report, regarding the medical care of a worker in relation to a work site illness or injury for the purpose of enforcement of this Act, the regulations and the OHS Code.

31(5)

For the purpose of enforcement of this Act, the regulations and the OHS Code, a Director of Medical Services may request from a health service provider, laboratory or custodian and a health services provider, laboratory or custodian shall disclose results

(a) from the medical, health or biological monitoring of a worker or a group of workers as required or performed under this Act, the regulations or the OHS Code, or

(b) from medical or health surveillance of a worker or a group of workers as required or performed under this Act, the regulations or the OHS Code.

31(6)

Only a Director of Medical Services or a person authorized in writing by the Director of Medical Services may require the production of, or examine and make copies of, or remove temporarily for the purpose of making copies of, the following records:

(a) medical reports, records or results;

(b) results from the medical, health or biological monitoring of a worker or a group of workers;

(c) results from medical or health surveillance of a worker or a group of workers;

(d) notification of a diagnosis of a notifiable disease;

(e) any other record that the Director of Medical Services requires to be produced.

32(1)

If a worker is employed in a hazardous occupation or at a hazardous work site, a Director of Medical Services may

(a) require the worker’s employer, within 30 days after the commencement of the worker’s employment, to register with a Director the worker’s name and the location of the work site where the worker is employed,

(b) require the worker’s employer to send the worker for regular medical examinations by a physician with knowledge and expertise in occupational medicine, or as acceptable to the Director of Medical Services,

(c) prescribe the type and frequency of the medical examinations,

(d) prescribe the form and content of medical records to be compiled with respect to that worker, and

(e) prescribe the period of time for which those medical records must be maintained.

32(2)

When the employment of a person registered under subsection (1)(a) ends, the employer shall notify a Director of Medical Services of that termination within 30 days after that termination.

32(3)

The employer shall pay for medical examinations of a worker under subsection (1).

32(4)

Despite subsections (1) and (2), the worker may refuse to undergo part or all of a medical examination by giving the employer a written statement refusing it.

32(5)

An employer shall not coerce, threaten or force a worker into refusing part or all of a medical examination.

32(6)

The employer shall ensure that, if it is reasonably practicable to do so, a medical examination is performed during normal hours of work.

32(7)

If the medical examination cannot be performed during normal hours of work, the employer shall pay the worker the worker’s applicable rate of pay for the time of the examination.