Examinations for occupational disease
46(1)Where the Commission has reason to believe that an employee is or may be affected with an occupational disease, it may request such employee, with the employee’s consent, to undergo a medical examination for the purpose of determining whether or not such employee is affected with an occupational disease.
46(2)Except in accordance with an order of the Commission made on the advice of a medical practitioner, no employer shall, without the consent of the employee, alter in any manner or prejudicially affect the status of such employee by reason of the results of any medical examination carried out under this section.
46(3)A medical examination carried out under this section shall, where practicable, be carried out during the normal working hours of the employee, and the cost shall in all cases be paid by the employer.
46(4)Where an employee is examined during the employee’s normal working hours, the employer shall not make any deductions of wages or other benefits for the time lost by the employee in going to, attending or returning from a medical examination.
46(5)Where a medical practitioner
(a)
has attended an employee who became ill or was injured while engaged in the employee’s employment, or
(b)
has carried out a medical examination under subsection (1),
the medical practitioner shall, at the request of the Commission, and with the consent of the employee, provide the Commission with such medical reports as it requires in relation to the employee attended or examined.
2001, c.35, s.17; 2022, c.32, s.29