35—Taking samples for testing etc
(1) If a sample of a
substance or thing taken under clause 57(1) of Schedule 7 to the Act is safely
and practicably divisible, the OHS inspector who has taken the sample
must—
(a)
divide the sample into 3 parts; and
(b) put
each part into a container and seal and label the container appropriately; and
(c) give
one part to the operator or the employer for whom the substance or thing was
being used; and
(d)
provide another part for inspection, examination, measuring or testing for the
purposes of Schedule 7 to the Act; and
(e)
retain the remaining part for any further inspection, examination, measuring
or testing that is required.
(2) If a sample of a
substance or thing taken under clause 57(1) of Schedule 7 to the Act is not
safely and practicably divisible, the OHS inspector who has taken the sample
must provide the whole sample for inspection, examination, measuring or
testing for the purposes of that Schedule.
(3) An OHS inspector
who, under clause 57(1) of Schedule 7 to the Act—
(a) has
taken possession of any plant, substance or thing; or
(b) has
taken a sample of a substance or thing,
and removed the plant, substance or thing or the sample from the workplace
must take all reasonable steps to ensure that, while in his or her possession
or control—
(c) the
plant, substance or thing is not damaged; or
(d) the
sample is not contaminated.