39—Duty to preserve incident sites
(1) The person with
management or control of a workplace at which a notifiable incident has
occurred must ensure so far as is reasonably practicable, that the site where
the incident occurred is not disturbed until an inspector arrives at the site
or any earlier time that an inspector directs.
Maximum penalty:
(a) in
the case of an individual—$10 000;
(b) in
the case of a body corporate—$50 000.
(2) In
subsection (1) a reference to a site includes any plant, substance,
structure or thing associated with the notifiable incident.
(3) Subsection (1)
does not prevent any action—
(a) to
assist an injured person; or
(b) to
remove a deceased person; or
(c) that
is essential to make the site safe or to minimise the risk of a further
notifiable incident; or
(d) that
is associated with a police investigation; or
(e) for
which an inspector or the regulator has given permission.