Page:Workplace Safety and Health Act 2006.pdf/46

46 :(b) forcibly enter such workplace and every part thereof; or
 * (c) remove by force any obstruction to such entry or search.

(4) Any person who—
 * (a) obstructs or delays an inspector in the exercise of his power under this section;
 * (b) fails to comply with any order of an inspector under this section, or fails to produce any record, certificate, notice or document which he is required by or under this Act to produce;
 * (c) withholds any information as to who the employer or occupier of the workplace is; or
 * (d) conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an inspector,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Power to take samples

42.—(1) An inspector may, at any time after informing the occupier of a workplace or any person apparently in charge of the workplace, take for analysis sufficient samples of—
 * (a) any substance used or intended to be used in the workplace;
 * (b) any substance found in the workplace that is required for the purposes of an investigation or inquiry under this Act;
 * (c) any substance the use or presence of which in the workplace is suspected to be prohibited under this Act; or
 * (d) any substance found in the workplace which, in his opinion, is likely or may prove on analysis to be likely to cause bodily injury to the persons at work in the workplace.

(2) The occupier of a workplace or any person apparently in charge of the workplace may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into 3 parts, to mark and seal or fasten up each part in such manner as its nature permits, and—