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23.—(1) An employer may require an employee of a class or
classes, as may be prescribed, to undergo an assessment by a registered
medical practitioner, nominated by the employer, of his or her
fitness to perform work activities referred to in subsection (2) and
the employee shall co-operate with such a medical assessment.
(2) An employer shall ensure that employees undergo assessment
by a registered medical practitioner of their fitness to perform work
activities, as may be prescribed, which, when performed, give rise to
serious risks to the safety, health and welfare of persons at work.
(3) Where, following an assessment under subsection (1), a registered
medical practitioner is of the opinion that an employee is unfit
to perform work activities referred to in subsection (2), he or she
shall notify the employer, by the quickest practicable means, of that
opinion and the likelihood of early resumption of work for rehabilitative
purposes and shall inform the employee accordingly, giving
the reasons for that opinion.
(4) If an employee referred to in subsection (1) becomes aware
that he or she is suffering from any disease or physical or mental
impairment which, should he or she perform a work activity referred
to in subsection (2), would be likely to cause him or her to expose
himself or herself or another person to danger or risk of danger, he
or she shall immediately notify the employer concerned or a registered
medical practitioner nominated by that employer who shall in
turn notify the employer.
(5) Where an employer receives a notification under subsection
(3) or (4), he or she shall immediately take appropriate action to
comply with his or her general duties under Section 8.
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