Draft Order Frequently Asked Questions

This risk activity level does not refer to the risks that a mine worker will be exposed to in their role.  It refers to the risk that they pose to themselves and other workers if they become incapacitated whilst performing their normal duties due to an underlying medical condition.

The rating will provide guidance to the approved medical practitioner as to what level of investigation and follow up is required for an individual to ensure adequate safety in the workplace.

Many employers have their own robust respirator fit testing (RFT) programs onsite, resulting in workers being tested unnecessarily.

During discussions about potential changes to Order 43, stakeholders expressed concerns about removing RFT from the Order altogether, namely that workers may be missed which might lead to inconsistencies across industry.

To address these concerns, it was proposed that making RFT optional and included in the health assessment at the request of the employer would minimise this risk.

The proposed Health Assessment will replace all existing Order 43 medicals. However, any site-specific requirements and medicals remain at the discretion of the site. Your employer should discuss medicals and site access requirements directly with the site.

The site access medical is not a requirement of the current Order 43 or the proposed draft Order.

The information in Schedule 2 of the draft Order outlines the specific information that can be shared with the employer in the medical assessment report.

During the stakeholder consultation about proposed changes to Order 43, concerns were raised about the challenges and implications of health assessment reviews, which aren’t in the current Order. There was concern that these reviews should balance worker wellbeing with industry standards and requirements. Stakeholders agreed that adding health assessment reviews to the proposed Order would clarify the roles and responsibilities of workers, employers, and approved medical practitioners.

Under the proposed Order, an employer must pay a coal mine worker for their time to attend any health assessment reviews caused by a health condition related to or aggravated by their work. A referral to a respiratory physician would fall under this category.

If you are currently working in the NSW coal mining industry and are referred by Coal Services to a respiratory physician, then the cost of the consultation and some testing will be covered by Coal Services.

Under the proposed Order the employer has four (4) weeks upon approval of the health assessment to provide a copy of the health assessment certificate to the worker.

The Order clearly defines the information permitted to be disclosed in a health assessment certificate. Any information outside of that list requires additional consent from the worker before it can be released to any party.

This risk activity level does not refer to the risks that a mine worker will be exposed to in their role.  It refers to the risk that they pose to themselves and other workers if they become incapacitated whilst performing their normal duties due to an underlying medical condition.

The rating will provide guidance to the approved medical practitioner as to what level of investigation and follow up is required for an individual to ensure adequate safety in the workplace.

The proposed Health Assessment will replace all existing Order 43 medicals. However, any site-specific requirements and medicals remain at the discretion of the site. Any questions about medical and site access requirements should be discussed directly with the site.

The site access medical is not a requirement of the current Order 43 or the proposed draft Order.

The information listed in Schedule 2 of the draft Order outlines the specific information that can be shared with the employer in the medical assessment report.

No, their direct employer is responsible for including them in their Coal Mine Worker list.

During Phase 1 consultation there was disparity across the stakeholder groups regarding whether health assessment reviews are completed during work time and whether workers are paid for this time. Since consensus was not reached, Coal Services is proposing that the employer only pays for health assessment reviews if the review is related to or aggravated by occupational exposure.

The proposed Health Assessment will replace all existing Order 43 medicals (pre-placement and periodic medicals). Essentially, Schedule 1 and 2 from the current Order 43 are merged to form the new Schedule 1 of the proposed Order.

The risk activity level is currently part of the consultation process for the proposed Order. If endorsed, Coal Services will further consult with industry to develop a guidance document to support employers’ understanding of each risk activity level. Employers, including coal mine sites, can then use or adapt this to advise the appropriate risk activity level for their workers’ Health Assessment appointments.

The Health Assessment certificate will be very similar to the current periodic certificate; however, it may include traffic light determinations. Further consultation will be needed regarding the development of the certificate. The information disclosed on the certificate will be limited to the information detailed in Schedule 2, including the risk activity level against which the health assessment was evaluated.

Yes, the network of Approved Medical Providers will continue to be available to complete medicals under the proposed Order.

In the proposed Order the employer is not required to transfer a medical. However, the employer must ensure they are satisfied that the health assessment complies with the requirements of the Order.

Each business will need to review their own tracking tools to accommodate the change. There may be a transition period for your business.

The health assessment will reset the three-year period for workers, eliminating the need to find previous periodic medical dates or initial pre-placement medical date and track from those dates.

Moving to one medical will simplify the process of tracking when workers are due for their Order health assessments. Upon completion of the health assessment, the employer will only need to track three (3) years from that date for the next health assessment.

The employer will also need to track any health assessment reviews (including deferred health examinations) indicated on health assessment certificates; to ensure these are completed within the required time indicated.

During the stakeholder consultation about proposed changes to Order 43, concerns were raised about the challenges and implications of health assessment reviews, which aren’t in the current Order. There was concern that these reviews should balance worker wellbeing with industry standards and requirements. Stakeholders agreed that adding health assessment reviews to the proposed Order would clarify the roles and responsibilities of workers, employers, and approved medical practitioners.

It is the responsibility of both the employer and worker to ensure health assessment reviews are completed within the timeframe given.

Coal Services recommends planning for the health assessment review as soon as you are aware of it, including scheduling necessary appointments in advance. Delayed planning is not considered a valid reason for failing to complete the review.

In cases where securing an appointment within the required timeframe proves challenging, the employer or worker should promptly contact their approved medical practitioner immediately to discuss.

Many employers have their own robust respirator fit testing (RFT) programs onsite, resulting in workers being tested unnecessarily.

During discussions about potential changes to Order 43, stakeholders expressed concerns about removing RFT from the Order altogether, namely that workers may be missed which might lead to inconsistencies across industry. To address these concerns, it was proposed that making RFT optional and included in the health assessment at the request of the employer would minimise this risk.

The date was adjusted to support employers by providing ample time to plan for their health assessment requirements for the upcoming year. This extended timeframe allows for review and communication of the anticipated number of health assessments and support workforce schedules.

Pre-placement medicals are no longer referred to in the draft Order. Rather, the draft Order consolidates the Order 43 pre-placement and periodic medical assessments into a single medical, known as a ‘health assessment’. The employer will need to ensure their potential worker either undergoes a Health Assessment prior to commencing work, or has completed a health assessment in the previous three (3) years which fits the required criteria of the Order; namely:

• The worker has been assessed against appropriate risk activity level or a level higher than required
• The health assessment is valid, and any required health assessment review has been completed

Under the proposed Order, an employer must pay a coal mine worker for their time to attend any health assessment reviews caused by a health condition related to or aggravated by their work. A referral to a respiratory physician would fall under this category.

If the worker is currently working in the NSW coal mining industry and are referred by Coal Services to a respiratory physician, then the cost of the consultation and some testing will be covered by Coal Services.

The change in the Order should not change the timeframes for certificates. However, the proposed Order does now require that a health assessment certificate be issued within four (4) weeks of the submitted paperwork being approved by Coal Services.

The proposed Order clearly defines the information permitted to be disclosed in a health assessment certificate in Schedule 2. Any additional information outside of that list requires additional consent from the worker before it can be released.

This will be dependent on the operations and requirements of each individual coal mine. However, Coal Services is proposing to work with industry to develop supporting guidelines on this inclusion.

• Some office areas
• Areas in pre-mining
• Working in the general car park or garden area of mine site

Please reach out to Coal Services to clarify your site’s specific circumstances.

It is important you contact the approved medical practitioner to clarify any questions or concerns you may have in regard to any health assessment results.

If your concerns are not resolved, please contact Coal Services Health to discuss.

If a coal mine worker remains employed with their current employer, then they are due for a health assessment at the same interval as when the periodic medical would fall due to be completed.

For any coal mine workers who commenced work in the NSW coal mining industry for the first time in the last 3 years and remains with their current employer, the date of the first preplacement medical (if there was more than one) sets the interval for when the health assessment is due in the proposed Order.

This means any coal mine workers who are changing employers once the proposed Order comes into effect will require a health assessment under this order. This health assessment will then reset the interval of ongoing surveillance.

This risk activity level does not refer to the risks that a mine worker will be exposed to in their role.  It refers to the risk that they pose to themselves and other workers if they become incapacitated whilst performing their normal duties due to an underlying medical condition.

The rating will provide guidance to the approved medical practitioner as to what level of investigation and follow up is required for an individual to ensure adequate safety in the workplace.

The Clinical and Service Standard is designed to facilitate clear communication regarding the expectations and standards that approved medical practitioners and associated approved health professionals must uphold under the Order.

It will also clarify the responsibilities of Coal Services, approved medical providers and approved health providers in carrying out the requirements of the Order.

The current version of the document is a draft only and Coal Services will continue to refine the document throughout this process.

All approved medical practitioners are required to submit an Annual Equipment Declaration by 31 March each calendar year in the form requested by Coal Services.

Failure to supply the signed declaration and evidence required may result in suspension by Coal Services for the approved medical practitioner and any associated approved health professionals until the declaration has been provided.

Many employers have their own robust respirator fit testing (RFT) programs onsite, resulting in workers being tested unnecessarily.

During discussions about potential changes to Order 43, stakeholders expressed concerns about removing RFT from the Order altogether, namely that workers may be missed which might lead to inconsistencies across industry. To address these concerns, it was proposed that making RFT optional and included in the health assessment at the request of the employer would minimise this risk.

Coal Services has identified this as an IT improvement requirement and are currently reviewing options. This enhancement will not be available when the new Order comes into effect.

It is a requirement of the Order that this information be provided to the approved medical practitioner before undertaking the health assessment.

Coal Services is developing a health assessment requirements form which the employer can complete and send to the approved medical practitioner.

If any information on this form is missing, the employer has not complied with the requirement of the Order. In this instance, the approved medical practitioner should contact the employer for the outstanding information.

The approved medical practitioner may implement their own specific process in this regard. Any health assessments completed under the proposed Order without the risk activity level will be declined as it does not meet the minimum requirements of the Order.

The list of approved audiometry courses and all other approved courses is published on the Coal Services website.  This is updated from time to time and should always be referenced when planning training and development.

The list of approved spirometry courses and all other approved courses is published on the Coal Services website.  This is updated from time to time and should always be referenced when planning training and development.

Coal Services will provide approved medical practitioners mandatory educations sessions regarding changes to the Order to ensure all approved medical practitioners are aware of their obligations and responsibilities.

The list of approved audiometry courses and all other approved courses is published on the Coal Services website. This is updated from time to time and should always be referenced when planning training and development.

The list of approved spirometry courses and all other approved courses is published on the Coal Services website.  This is updated from time to time and should always be referenced when planning training and development.

The Clinical and Service Standard is designed to facilitate clear communication regarding the expectations and standards that approved medical practitioners and associated approved health professionals must uphold under the Order.

It will also clarify the responsibilities of Coal Services, approved medical providers and approved health providers in carrying out the requirements of the Order.

The current version of the document is a draft only and Coal Services will continue to refine the document throughout this process.