OHS Act

Published Date: October 01, 2013
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Section 8 Inspection

(1) For the purposes of this Act, an officer may

(a) at any reasonable hour enter into or on any work site and inspect that work site;

(b) subject to subsection (2), require the production of any records, books, plans or other documents that relate to the health or safety of workers and may examine them, make copies of them or remove them temporarily for the purpose of making copies;

(c) inspect, seize or take samples of any material, product, tool, appliance or equipment being produced, used or found in or on the work site that is being inspected;

(d) make tests and take photographs or recordings in respect of any work site;

(e) interview and obtain statements from persons at the work site.

(2) Only a Director of Medical Services or a person authorized in writing by the Director may require the production of, or examine and make copies of, medical reports or records or remove them temporarily for the purpose of making copies.

(3) When an officer

(a) removes any records, books, plans or other documents under subsection (1)(b), the officer shall

(i) give to the person from whom those items were taken a receipt for them, and

(ii) forthwith make copies of, take photographs of or otherwise record those items and forthwith return them to the person to whom the receipt was given,

or

(b) seizes or takes samples of any material, product, tool, appliance or equipment under subsection (1)(c), the officer shall

(i) give to the person from whom those items were seized or taken a receipt for them, and

(ii) on that person’s request, return those items to that person when they have served the purposes for which they were seized or taken.

(4) If a person refuses to allow an officer to exercise any powers under subsection (1) or interferes or attempts to interfere with the officer in the exercise of those powers, a Director of Inspection may apply to the Court of Queen’s Bench for an order restraining that person from preventing or interfering in any manner with the officer in the exercise of those powers.

(5) A statement given under this section is not admissible in evidence for any purpose in a trial, public inquiry under the Fatality Inquiries Act or other proceeding except to prove

(a) non-compliance with this section, or

(b) a contravention of section 41(3)

in an action or proceeding under this Act.