11Taking samples for testing etc.

11  Taking samples for testing etc.

 (1) If a sample of a substance or thing taken at a workplace under subsection 91(1) of the Act is practicably divisible, the inspector who has taken the sample must do the following:

 (a) divide the sample into 3 parts;

 (b) put each part into a container and seal and label the container appropriately;

 (c) give one part to the operator of the workplace;

 (d) arrange for another part to be inspected, examined, measured or tested;

 (e) retain the remaining part for any further inspection, examination, measuring or testing that is required.

 (2) If the sample of a substance or thing is not practicably divisible, the inspector must arrange for the whole sample to be inspected, examined, measured or tested.

 (3) An inspector who removes plant, a substance or a thing, or a sample of a substance or thing, from a workplace under subsection 91(1) of the Act must take all reasonable steps to ensure that, while it is in the inspector’s possession or control:

 (a) the plant, substance or thing is not damaged; or

 (b) the sample is not contaminated.