42Power of entry

#### 42 Power of entry (1) In conducting an investigation, an investigator may, to the extent that it is reasonably necessary to do so in connection with the investigation, enter, at any reasonable time during the day or night, a workplace and: (a) search the workplace; or (b) inspect, examine, take measurements of or conduct tests concerning the workplace or any plant, substance or thing at the workplace; or (c) take photographs, or make sketches, of the workplace or any plant, substance or thing at the workplace. (2) Immediately upon entering the workplace, an investigator must take all reasonable steps to notify: (a) the person who is for the time being in charge of operations at the workplace; and (b) if there is a health and safety representative for a designated work group in which there is included an employee performing, at the workplace, work to which the investigation may relate—that representative; of the purpose for which the investigator has entered the workplace, and must, upon being requested to do so by the person referred to in paragraph (a), produce for inspection by that person: (c) the investigator’s identity card; and (d) a copy of the Commission’s written direction (if any) to conduct the investigation; and (e) a copy of the restrictions (if any) imposed on the powers of the investigator under subsection 40(5). (3) Where an investigator who has entered a workplace fails to produce documents for inspection as required by subsection (2) upon being requested to do so in accordance with that subsection, the investigator ceases to be entitled to remain at the workplace.