Western Australian Consolidated Acts

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OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 45

45 .         Notification by inspector

        (1)         In this section —

        relevant  —

            (a)         in relation to an employer, means an employer whose employees —

                  (i)         carry out, in a workplace, work of a kind; or

                  (ii)         carry out work, or are likely to be, in an area of a workplace,

                that is relevant to any purpose for which an inspector has entered the workplace; and

            (b)         in relation to —

                  (i)         a safety and health representative; or

                  (ii)         a safety and health committee,

                means a representative or committee that has functions that are relevant to any purpose referred to in paragraph (a).

        (2)         On entering a workplace an inspector shall, as soon as is practicable, take all reasonable steps to notify any relevant employer of the inspector’s presence.

        (2a)         An employer, upon being notified of the presence of an inspector at a workplace shall, as soon as is practicable, notify any relevant safety and health representative of the presence.

        (3)         Upon completing an inspection of a workplace, an inspector shall notify any relevant employer and any relevant safety and health representative or safety and health committee of any action he or she has taken and any further action he or she requires to be taken under this Act in relation to the workplace as a result of the inspection.

        (4)         Where an inspector takes any photograph or makes any sketch or recording of, or in respect of, a workplace he or she shall forthwith notify any relevant employer and any relevant safety and health representative of — 

            (a)         the fact that he or she has taken the photograph or made the sketch or recording, as the case may be; and

            (b)         the time and place at which the photograph, sketch or recording may be inspected.

        (5)         If an employer contravenes subsection (2a), the employer commits an offence.

        [Section 45 inserted by No. 43 of 1987 s. 13; amended by No. 30 of 1995 s. 47; No. 51 of 2004 s. 60, 92 and 102(1).]



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