92Power to direct that workplace etc. not be disturbed

#### 92 Power to direct that workplace etc. not be disturbed (1) If, in conducting an investigation, an inspector thinks that it is reasonably necessary to give a direction 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; the inspector may direct, by written notice given to the person in command, 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 inspector’s opinion, necessary in order to remove the threat or to allow the inspection, examination, measuring or testing to take place. (2) The direction must include the reasons for the direction. (3) The direction may be renewed by another direction in the same terms. (4) If an inspector gives a notice to the person in command, the person must cause a copy of the notice to be displayed in a prominent place at the workplace: (a) that is, or a specified part of which is, to be left undisturbed; or (b) where the plant, substance or thing that is to be left undisturbed is located. (5) As soon as practicable after giving the direction, the inspector must take reasonable steps to notify: (a) if the workplace, plant, substance or thing to which the direction relates is owned by a person other than the operator—that person; and (b) if there is a health and safety representative for a designated work group that includes 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 direction and the reasons for giving it. (6) The operator must ensure that the direction is complied with to the extent that it relates to any matter over which the operator has control. Penalty for a contravention of subsection (6): 250 penalty units.