Aviation Occupational Health and Safety Regulations

5.7 (1) If the report recommends a medical examination for the employees likely to be exposed to a hazardous substance, the employer shall consult a physician to ascertain the necessity for that medical examination.

(2) For the purposes of subsection (1), a physician shall conclude that a medical examination is necessary only if, in light of the factors referred to in subsection 5.4(2), the likelihood and consequences of exposure to the hazardous substance outweigh the intrusiveness of the medical examination or the disruption to bodily integrity that might be necessary.

(3) If a physician considers that a medical examination is necessary, the employer shall not permit an employee to handle the hazardous substance unless a physician acceptable to the employee has examined the employee and declared the employee fit, or fit with restrictions, to handle the hazardous substance.

(4) For the purposes of determining whether an employee is fit, or fit with restrictions, a physician shall

• (a) take into account

  • (i) the factors referred to in subsection 5.4(2), and

  • (ii) the likely effects of handling the hazardous substance on the employee’s health and that of other employees and the capacity of the employee to perform the work; and

• (b) perform only those tests or examinations that are necessary to make that determination.

(5) If the physician examining an employee under subsection (3) declares the employee fit with restrictions to handle the hazardous substance, the employer shall not permit the employee to handle the hazardous substance except in accordance with the specified restrictions.

(6) If an employer consults a physician under subsection (1), the employer shall keep a copy of the physician’s decision with the report referred to in section 5.5.

(7) The cost of a medical examination referred to in subsection (3) shall be borne by the employer.