OHS Act

Published Date: October 01, 2013
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Section 19 Investigation of an accident

(1) If an accident occurs at a work site, an officer may attend at the scene of the accident and may make any inquiries that the officer considers necessary to determine the cause of the accident and the circumstances relating to the accident.

(2) Every person present at an accident when it occurred or who has information relating to the accident shall, on the request of an officer, provide to the officer any information respecting the accident that the officer requests.

(3) An officer may, for the purposes of determining the cause of the accident, seize or take samples of any substance, material, product, tool, appliance or equipment that was present at, involved in or related to the accident.

(4) If an officer seizes or takes samples of any substance, material, product, tool, appliance or equipment under subsection (3), the officer shall

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

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

(5) Any 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.

(6) A peace officer may assist an officer in carrying out the officer’s duties under this section if the officer so requests.