Western Australian Consolidated Acts

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OCCUPATIONAL SAFETY AND HEALTH ACT 1984 - SECT 46

46 .         Samples

        (1)         Where an inspector takes a sample under this Act in relation to a workplace, if practicable he or she shall divide the sample into 3 parts and deliver one part to the employer, use one part for such analysis, if any, as he or she considers necessary, and retain one part for future comparison.

        (2)         Subject to subsection (3), where an analysis is carried out of a sample taken under this Act in relation to a workplace, the inspector taking the sample shall forthwith notify the employer and any safety and health representative concerned of the results of the analysis.

        (3)         Subsection (2) does not apply in respect of the results of the analysis of a personal biological sample provided by an employee unless — 

            (a)         the employee has authorised the inspector to notify the person concerned; or

            (b)         the results are in a form that could not reasonably be expected to lead to the identification of any person to whom they relate.

        [Section 46 inserted by No. 43 of 1987 s. 13; amended by No. 30 of 1995 s. 33 and 47; No. 51 of 2004 s. 102(1).]



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