Document ID: chunk:federal_register_of_legislation:C2015C00248:section:91
Version: federal_register_of_legislation:C2015C00248
Segment Type: section
Provision Reference: s 91
Character Range: 88979–90931

91  Power to take possession of plant, take samples of substances etc.
 (1) In conducting an investigation, an inspector may, to the extent that it is reasonably necessary for the purposes of inspecting, examining, taking measurements of or conducting tests concerning, any plant, substance or thing at a workplace in connection with the investigation:
 (a) take possession of the plant, substance or thing and remove it from the workplace; or
 (b) take a sample of the substance or thing and remove that sample from the workplace.
 (2) On taking possession of plant, a substance or a thing, or taking a sample of a substance or a thing, the inspector must, by notice in writing, inform:
 (a) the person in command; and
 (b) if the plant, substance or thing is owned by a person other than the operator—that person; and
 (c) if there is a health and safety representative for a designated work group that includes an employee performing work to which the investigation relates—that representative;
of the taking of possession or the taking of the sample, as the case may be, and the reasons for it.
 (3) The person in command, on being given a notice, must cause a copy of the notice to be displayed in a prominent place at the workplace from which the plant, substance or thing was removed.
 (4) If the inspector takes possession of plant, a substance or a thing at a workplace for the purpose of inspecting, examining, taking measurements of or conducting tests concerning, the plant, substance or thing, the inspector must:
 (a) ensure that the inspection, examination, measuring or testing is conducted as soon as practicable; and
 (b) return it to the workplace as soon as practicable afterwards.
 (5) As soon as practicable after completing any such inspection, examination, measurement or testing, the inspector must give a written statement setting out the results to each person whom the inspector is required to notify under subsection (2).