(2) No employer shall require a workman to undergo a prescribed medical examination under subsection (1) if the workman has undergone the prescribed medical examination within a period of 3 months immediately prior to such engagement or transfer.
(3) In the case of a workman who is in employment in any specified trade, industry or process on the date on which this section comes into operation, the employer shall require the workman to undergo, at the cost of the employer, the prescribed medical examination within such period as may be prescribed.
(4) Every employer shall require every workman who has undergone an initial medical examination required by this section, and every workman to whom subsection (2) applies, and who continues employment in any specified trade. industry or process to undergo, at the expense of The employer, the prescribed medical examination period- ically within such period as may be prescribed,
(5) Every workman who is required by his employer to undergo a medical examination under this section stiall submit himself to the medical examination,
(6) Every workman who is in employment oa the date on which this section comes into operation, or who, after such date, is engaged for employment, or is trans» ferred to employment in any specified trade, industry or process shall be required by his employer to provide and the workman shall, when so required, provide to his employer-
(a) such particulars of his previous employment in any specified trade, industry or process as may be prèscribed; and
(b) particulars of any compensation or damages paid to him in respect of a permanent total or partial incapacity resulting from pneumoconiosis.
(7) Any employer who without reasonable excuse fails or refuses to comply with subsection (1), (3), (4) or (6) shall be guilty of an offence and shall be liable on conviction to a dne of $5,000.
(8) Any employer who knowingly contravenes sub- section (2) shall be guilty of an offence and shall be liable on conviction to a fine of $1,000.
(9) If any workman--
(a) without reasonable excuse fails or refuges to submit himself to a medical examination in cod. travention of subsection (5)
() he shall be guilty of an offence and shall
be liable on conviction to a fine of $500; and
(ii) he and his dependants shall not be entitled
to recover compensation under this Ordinance in respect of a permanent total or partial incapacity or death resulting from pneumoconiosis;
(b) fails or refuses to comply with any requirement under subsection (6) or wilfully and with intent to deceive provides any particulats required in pursuance of that subsection which are false in any material particular, he shall be guilty of an
Occupedonal The asha Medical Boatd.
5
offence and shall be liable on conviction to a fine of $500.
Health
338. (1) The Director of Medical And Services shall appoint a board Lo be known as the Occupational Diseases Medical Board which shall consist
of-
(a) 2 medical practitioners; and
(6) the Senior Industrial Health Officer
Industrial Health Officer.
(2) The functions of the Occupational Medical Board shall be
of
40
Discases
(<) to determine whether the permanent total or partial incapacity of the death of a workman bas resulted from an occupational disease; and
(b) where the determination is that the incapacity or the death of a workman has resulted from an occupational disease, to determine the type of such pccupational disease; and
(c) in the case of such incapacity-
(i) to determine the date upon which the in- capacity commenced; and
(i) to assess the degree of the incapacity.
(3) Where the Occupational Diseases Medical Board determines under subsection (2) that the permanent partial incapacity of a workman has resulted from pneumoconiosis, the Board shall also-
Coasta
(a) determine, on the assumption that the workman
forthwith further employment in
any specified trade, industry or process, whether the workman may in the future suffer a greater degree of permanent incapacity resulting from pneumo- coniosis; and
(b) where the determination is that the workmaÎN may in the future suffer such greater degree of permanent incapacity, assess the extent of the greater degree of permanent incapacity, but such assessment shall not exceed 50 per cent of the degree of the PermanĘ at partial incapacity assessed under subsection (2).
(4) A determination and assessment by the Occupa- tional Diseases Medical Board, if not unanimous, shall be that of the majority of the members of the Board.
(5) The Occupational Diseases Medical Board shall issue à certificate in the prescribed form of its determina- tion and assessment made under subsections (2) and (3) to-
(a) the workman, or in the case of the death of
the workman to his dependants:
(b) the Paeumoconiosis Compensation Fund Board
appointed under section 32B/2).
(c) the employer of the workman, if any; and (d) the Commissioner.