Victorian Numbered Acts

OCCUPATIONAL HEALTH AND SAFETY ACT 2004 (NO 107 OF 2004) - SECT 39

    (1)     An employer or self-employed person who is required to notify the Authority of an incident that has occurred at a workplace must ensure that the site where it occurred is not disturbed until—

        (a)     an inspector arrives at the site; or

        (b)     such other time as an inspector directs when the Authority is notified of the incident.

Penalty:     60 penalty units for a natural person;

300 penalty units for a body corporate.

    (2)     Despite sub-section (1), a site may be disturbed for the purpose of—

        (a)     protecting the health or safety of a person; or

        (b)     aiding an injured person involved in an incident; or
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        (c)     taking essential action to make the site safe or to prevent a further occurrence of an incident.

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