Victorian Consolidated Legislation

Occupational Health and Safety Act 2004 - SECT 39

Duty to preserve incident sites

39. Duty to preserve incident sites



(1) An employer or self-employed person who is required to notify the
Authority of an incident that has occurred at a workplace must ensure that the
site where it occurred is not disturbed until-

   (a)  an inspector arrives at the site; or

   (b)  such other time as an inspector directs when the Authority is notified
        of the incident.

Penalty: 60 penalty units for a natural person; 300 penalty units for a body
corporate.

(2) Despite subsection (1), a site may be disturbed for the purpose of-

   (a)  protecting the health or safety of a person; or

   (b)  aiding an injured person involved in an incident; or

   (c)  taking essential action to make the site safe or to prevent a further
        occurrence of an incident.

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