Div 4Advice, investigations and inquiries

Division 4—Advice, investigations and inquiries 35—Taking samples for testing etc (1) If a sample of a substance or thing taken under clause 57(1) of Schedule 7 of the Act is safely and practicably divisible, the OHS inspector who has taken the sample must— (a) divide the sample into 3 parts; and (b) put each part into a container and seal and label the container appropriately; and (c) give one part to the operator or the employer for whom the substance or thing was being used; and (d) provide another part for inspection, examination, measuring or testing for the purposes of Schedule 7 of the Act; and (e) retain the remaining part for any further inspection, examination, measuring or testing that is required. (2) If a sample of a substance or thing taken under clause 57(1) of Schedule 7 of the Act is not safely and practicably divisible, the OHS inspector who has taken the sample must provide the whole sample for inspection, examination, measuring or testing for the purposes of that Schedule. (3) An OHS inspector who, under clause 57(1) of Schedule 7 of the Act— (a) has taken possession of any plant, substance or thing; or (b) has taken a sample of a substance or thing, and removed the plant, substance or thing or the sample from the workplace must take all reasonable steps to ensure that, while in their possession or control— (c) the plant, substance or thing is not damaged; or (d) the sample is not contaminated. 36—Form of certain notices A notice issued by an elected health and safety representative or OHS inspector under a following provision of Schedule 7 of the Act must be in accordance with the form in Schedule 2 of these regulations specified in relation to the provision concerned: (a) clause 37(2)—Form 1; (b) clause 57(1)—Form 2; (c) clause 58(1)—Form 3; (d) clause 59(1)—Form 4; (e) clause 61(1)—Form 5.