Workplace Safety and Health Act · s 42

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42.
Power to take samples
(1) An inspector may, at any time after informing the occupier of a workplace or any person apparently in charge of the workplace, take for analysis sufficient samples of —
(a) any substance used or intended to be used in the workplace;
(b) any substance found in the workplace that is required for the purposes of an investigation or inquiry under this Act;
(c) any substance the use or presence of which in the workplace is suspected to be prohibited under this Act; or
(d) any substance found in the workplace which, in his opinion, is likely or may prove on analysis to be likely to cause bodily injury to the persons at work in the workplace.
(2) The occupier of a workplace or any person apparently in charge of the workplace may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and —
(a) to deliver one part to the occupier of the workplace or the person apparently in charge of the workplace;
(b) to retain one part for future comparison; and

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(c) to submit one part to any testing laboratory as the Authority may appoint, for analysis.
(3) A certificate purporting to be a certificate by an analyst employed by the testing laboratory appointed by the Authority under subsection 2(c) as to the result of an analysis of a sample under this section shall be admissible in any proceedings under this Act as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.
(4) No person shall interfere with any equipment, instrument or device used for monitoring the workplace or taking samples for analysis.
(5) Any person who —
(a) contravenes subsection (4); or
(b) without the written permission of the Authority, publishes or discloses to any person the results of any analysis made under this section, is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 6 months or both.

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s 42Power to take samples

(1)

An inspector may, at any time after informing the occupier of a workplace or any person apparently in charge of the workplace, take for analysis sufficient samples of —

(a)

any substance used or intended to be used in the workplace;

(b)

any substance found in the workplace that is required for the purposes of an investigation or inquiry under this Act;

(c)

any substance the use or presence of which in the workplace is suspected to be prohibited under this Act; or

(d)

any substance found in the workplace which, in his opinion, is likely or may prove on analysis to be likely to cause bodily injury to the persons at work in the workplace.

(2)

The occupier of a workplace or any person apparently in charge of the workplace may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and —

(a)

to deliver one part to the occupier of the workplace or the person apparently in charge of the workplace;

(b)

to retain one part for future comparison; and

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(c)

to submit one part to any testing laboratory as the Authority may appoint, for analysis.

(3)

A certificate purporting to be a certificate by an analyst employed by the testing laboratory appointed by the Authority under subsection 2(c) as to the result of an analysis of a sample under this section shall be admissible in any proceedings under this Act as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness.

(4)

No person shall interfere with any equipment, instrument or device used for monitoring the workplace or taking samples for analysis.

(5)

Any person who —

(a)

contravenes subsection (4); or

(b)

without the written permission of the Authority, publishes or discloses to any person the results of any analysis made under this section, is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 6 months or both.