Western Australian Consolidated Acts (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).]