cdnman1
01-16-2009, 08:17 AM
Are workers required to participate in Medical Surveillance for designated substances in Ontario?
The Act says (28)
Consent to medical surveillance
(3) (http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90o01_f.htm#s28s3) A worker is not required to participate in a prescribed medical surveillance program unless the worker consents to do so. R.S.O. 1990, c. O.1, s. 28.
The benzene regulation says
13. (http://www.e-laws.gov.on.ca/html/regs/french/elaws_regs_900839_f.htm#s13s1)(1) (http://www.e-laws.gov.on.ca/html/regs/french/elaws_regs_900839_f.htm#s13s1) A worker shall, at the expense of the employer, undergo the medical examinations and clinical tests required under the control program. R.R.O. 1990, Reg. 839, s. 13 (1).
I would appreciate any advice on this issue. I suspect a worker can refuse medical surveillance. The employer must offer it as per the control program.
Thanks in advance.
The Act says (28)
Consent to medical surveillance
(3) (http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90o01_f.htm#s28s3) A worker is not required to participate in a prescribed medical surveillance program unless the worker consents to do so. R.S.O. 1990, c. O.1, s. 28.
The benzene regulation says
13. (http://www.e-laws.gov.on.ca/html/regs/french/elaws_regs_900839_f.htm#s13s1)(1) (http://www.e-laws.gov.on.ca/html/regs/french/elaws_regs_900839_f.htm#s13s1) A worker shall, at the expense of the employer, undergo the medical examinations and clinical tests required under the control program. R.R.O. 1990, Reg. 839, s. 13 (1).
I would appreciate any advice on this issue. I suspect a worker can refuse medical surveillance. The employer must offer it as per the control program.
Thanks in advance.