In force2020 Revised Edition

Contents

Workplace Safety and Health Act 2006 · 2020 Revised Edition · Part 9 · Inspections and Other Powers of Enforcement

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 the inspector’s 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 3 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

(c)

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

(3)

A certificate purporting to be a certificate by an analyst employed by the Health Sciences Authority or the testing laboratory appointed by the Commissioner under subsection (2)(c) as to the result of an analysis of a sample under this section is 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)

A person must not 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 permission of the Commissioner, publishes or discloses to any person the results of any analysis made under this section,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Terms defined in this Act

at work
Defined · s 4
“at work” means —(a)in relation to an employee, all times when the employee is performing work in connection with any trade, business, profession or undertaking carried on by his or her employer, wherever that work is carried out;(b)in relation to a self-employed person, all times when the person is performing work as a self-employed person, wherever the work is carried out; and(c)in any other case, all times when the person is performing work at the direction of the other person who engaged him or her, wherever the work is carried out;
Open s 4
bodily injury
Defined · s 4
“bodily injury” includes injury to health, the contraction of a disease, and the aggravation, acceleration or recurrence of any bodily injury or disease;
Open s 4
Commissioner
Defined · s 4
“Commissioner” means the Commissioner for Workplace Safety and Health appointed under section 7;
Open s 4
inspector
Defined · s 4
“inspector” means an inspector appointed under section 7(3) and includes the Commissioner and any Deputy Commissioner;
Open s 4
occupier
Defined · s 4
“occupier”, in relation to any premises or part of any premises, means —(a)in the case of a factory where a certificate of registration has to be obtained in relation to the premises pursuant to any regulations — the person who is, or is required to be, the holder of the certificate;(b)in the case of a factory where a notification has to be submitted in relation to the factory pursuant to any regulations — the person who is named in the notification, or is required to submit a notification; and(c)in the case of any other premises — the person who has charge, management or control of those premises either on the person’s own account or as an agent of another person, whether or not the person is also the owner of those premises;
Open s 4
workplace
Defined · s 5
“workplace” means any premises where a person is at work or is to work, for the time being works, or customarily works, and includes a factory.(2) Subject to this section,
Open s 5

Report

Read on from s 43

Part 10

Offences, Penalties and Proceedings

Read on from Part 10

Part 11

General

Read on from Part 11

Schedules

Read on from Schedules