Health and Safety in Employment Act 1992

33 Powers to take samples and other objects and things

  • (1) An inspector who enters a place of work or a former place of work under section 31 may take or remove a sample of a substance or thing for analysis, or seize and retain any material, substance, or thing, for the purpose of—

    • (a) monitoring conditions in the place; or

    • (b) determining the nature of any material or substance in the place; or

    • (c) determining whether or not this Act has been, is being, or is likely to be complied with; or

    • (d) gathering evidence to support the taking of enforcement action.

    (2) Where an inspector removes or retains a sample, material, substance, or thing under subsection (1), the following provisions shall apply:

    • (a) as soon as it is reasonable after removing or retaining it, the inspector shall give the employer or other person apparently in charge of the place of work concerned written notice of—

      • (i) what has been (or is being) removed or retained; and

      • (ii) why it has been (or is being) removed or retained; and

      • (iii) where it will be kept in the meantime:

    • (b) subject to paragraph (c), within 7 days of removing or retaining it, the inspector shall give the employer or other person apparently in charge of the place of work concerned written notice of whether the inspector intends to return it or destroy it:

    • (c) where it is practicable to do so the sample, material, substance, or thing shall be returned to its owner—

      • (i) when it is no longer required for any purpose under this Act (or any other enactment); or

      • (ii) if a court earlier orders its return.

    (3) This section does not allow an inspector to take a sample from a person's body unless the inspector has that person's informed consent to the taking of the sample.

    Section 33(1): substituted, on 5 May 2003, by section 20(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

    Section 33(3): added, on 5 May 2003, by section 20(2) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).