39Duty to preserve incident sites

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; (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). Pt 5A (Headings and ss 39A–39G) inserted by No. 50/2019 s. 3.