On Board Trains Occupational Health and Safety Regulations

7.19 (1) Where the report referred to in section 7.4 contains a recommendation for a medical examination, the employer may consult a physician regarding that recommendation.

(2) Where the employer

• (a) consults a physician pursuant to subsection (1) and the physician confirms the recommendation for a medical examination, or

• (b) does not consult a physician pursuant to subsection (1),

the employer shall not permit an employee to work with the hazardous substance in the work place until a physician, acceptable to the employee, has examined the employee and declared the employee fit for work with the hazardous substance.

(3) Where an employer consults a physician pursuant to subsection (1), the employer shall keep a copy of the decision of the physician with the report referred to in section 7.4.

(4) The cost of a medical examination referred to in subsection (2) shall be borne by the employer.