Commonwealth Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY (COMMONWEALTH EMPLOYMENT) ACT 1991 No. 30, 1991 - SECT 42

42. (1) In conducting an investigation, an investigator may, to the extent
that it is reasonably necessary to do so in connection with the investigation,
enter, at any reasonable time during the day or night, a workplace and:

   (a)  search the workplace; or

   (b)  inspect, examine, take measurements of or conduct tests concerning the
        workplace or any plant, substance or thing at the workplace; or

   (c)  take photographs, or make sketches, of the workplace or any plant,
        substance or thing at the workplace.

(2) Immediately upon entering the workplace, an investigator must take all
reasonable steps to notify:

   (a)  the person who is for the time being in charge of operations at the
        workplace; and

   (b)  if there is a health and safety representative for a designated work
        group in which there is included an employee performing, at the
        workplace, work to which the investigation may relate - that
        representative; of the purpose for which the investigator has entered
        the workplace, and must, upon being requested to do so by the person
        referred to in paragraph (a), produce for inspection by that person:

   (c)  the investigator's identity card; and

   (d)  a copy of the Commission's written direction (if any) to conduct the
        investigation; and

   (e)  a copy of the restrictions (if any) imposed on the powers of the
        investigator under subsection 40 (5).

(3) Where an investigator who has entered a workplace fails to produce
documents for inspection as required by subsection (2) upon being requested to
do so in accordance with that subsection, the investigator ceases to be
entitled to remain at the workplace.