45Power to direct in writing that workplace etc. not be disturbed

#### 45 Power to direct in writing that workplace etc. not be disturbed (1) In conducting an investigation, an investigator may, if he or she is satisfied that it is reasonably necessary to give a direction under this subsection in order to: (a) remove an immediate threat to the health or safety of any person; or (b) allow the inspection, examination or taking of measurements of, or conducting of tests concerning, a workplace or any plant, substance or thing at a workplace; direct, by written notice given to the person who is, or who may reasonably be presumed to be, for the time being in charge of operations at the workplace, that the person ensure that: (c) a particular workplace, or a specified part of a particular workplace; or (d) particular plant, or a particular substance or thing; not be disturbed for the period, specified in the direction, that is, in the investigator’s opinion, necessary in order to remove the threat or to allow the inspection, examination, measuring or testing to take place. (2) The direction may be renewed by the giving of another direction under subsection (1) in the same terms. (3) Where an investigator gives a notice to a person under subsection (1), that person must cause the notice to be displayed in a prominent place at the workplace: (a) that is, or a specified part of which is, under the notice, to be left undisturbed; or (b) at which the plant, substance or thing that is, under the notice, to be left undisturbed, is located; until the direction has expired, been revoked or been varied. (4) As soon as is reasonably practicable after giving the direction, the investigator must take all reasonable steps to notify: (a) where the workplace, plant, substance or thing to which the direction relates is owned by a person other than an employer—that person; and (b) if there is a health and safety representative for a designated work group in which there is included an employee performing work: (i) at a workplace or a part of a workplace; or (ii) involving the plant, substance or thing; to which the direction relates—that representative; of the giving of the direction and the reasons for giving the direction. (5) An employer who has control over the workplace, plant, substance or thing to which the direction relates, and whose employees use the workplace, plant, substance or thing in the performance of work for the employer, must ensure the direction is complied with. > Note: An employer who breaches subsection (5) may be subject to civil action or a criminal prosecution (see Schedule 2). (6) The direction must include the reasons for the giving of the direction. (7) An investigator may revoke or vary a direction given under this section by giving a written notice to that effect to the person who is, or who may reasonably be presumed to be, for the time being in charge of operations at the workplace. (8) If a direction is varied: (a) a copy of the text of the original direction and any variations to it must be included in the notice; and (b) the person to whom the written notice is given must cause that notice to be displayed in a prominent place at the workplace: (i) that is, or a specified part of which is, under the notice, to be left undisturbed; or (ii) at which the plant, substance or thing that is, under the notice, to be left undisturbed, is located; until the direction has expired, been revoked or been varied; and (c) the investigator must take all reasonable steps to notify people who were notified of the giving of the direction under subsection (1) of the variation of the direction and the terms of the varied direction.