Victorian Current Acts

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 39

Duty to preserve incident sites

S. 39(1) amended by No. 48/2017 s. 13(1)(2).

    (1)     An employer or self-employed person who is required to notify the Authority of an incident that has occurred at a workplace must not, without reasonable excuse, fail to 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:     240 penalty units for a natural person;

    1200 penalty units for a body corporate.

    (2)     Despite subsection (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

        (c)     taking essential action to make the site safe or to prevent a further occurrence of an incident.

S. 39(3) inserted by No. 48/2017 s. 13(3).

    (3)     An offence against subsection (1) is an indictable offence.

Note

However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009 ).

Part 6—Licences, registration, permits and other requirements



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