OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 101 Power to take samples

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 101

    (1)     An inspector who enters a place under this Division may take (without payment) samples of any thing at the place that may be required for analysis.

    (2)     If an inspector intends to take a sample, he or she must notify the following persons of his or her intention—

        (a)     the occupier or apparent occupier for the time being of the place; and

        (b)     if members of a designated work group are affected in any way by the taking of the sample, a health and safety representative for that group.

    (3)     Unless it is unsafe to do so, after taking the sample the inspector must—

        (a)     divide it into as many parts as are necessary and mark and seal or fasten up each part in a way that the nature of the sample allows; and

        (b)     if any of the persons who must be notified in accordance with subsection (2) requires the inspector to give the person a part, give one part to each of the persons who must be notified in accordance with that subsection; and

        (c)     keep one part for future comparison.

    (4)     If it is determined that the sample is to be analysed the inspector must submit another part to an analyst for that purpose.

Division 4—Procedure relating to entry