(b) a person, or a representative of a person, injured in the incident or whose health or safety was exposed to immediate risk by the incident; or (c) a representative of a person whose death was caused by the incident; or (d) in the case only of an employer— (i) if any of the employees of the employer are members of a designated work group, a health and safety representative for the designated work group; or (ii) the members of each health and safety committee (if any) established by the employer. (5) An employer or self-employed person who contravenes subsection (1), (3) or (4) is guilty of an offence and liable to a fine not exceeding— (a) in the case of a natural person, 240 penalty S. 38(5)(a) substituted by units; or No. 48/2017 s. 12(2). S. 38(5)(b) (b) in the case of a body corporate, 1200 penalty substituted by units. No. 48/2017 s. 12(2). S. 38(6) (6) An offence against subsection (5) is an indictable inserted by offence. No. 48/2017 s. 12(3). Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). 39 Duty to preserve incident sites (1) An employer or self-employed person who is S. 39(1) amended by required to notify the Authority of an incident that No. 48/2017 s. 13(1)(2). has occurred at a workplace must not, without
(b) a person, or a representative of a person, injured in the incident or whose health or safety was exposed to immediate risk by the incident; or (c) a representative of a person whose death was caused by the incident; or (d) in the case only of an employer— (i) if any of the employees of the employer are members of a designated work group, a health and safety representative for the designated work group; or (ii) the members of each health and safety committee (if any) established by the employer. (5) An employer or self-employed person who contravenes subsection (1), (3) or (4) is guilty of an offence and liable to a fine not exceeding— S. 38(5)(a) substituted by No. 48/2017 s. 12(2). (a) in the case of a natural person, 240 penalty units; or S. 38(5)(b) substituted by No. 48/2017 s. 12(2). (b) in the case of a body corporate, 1200 penalty units. S. 38(6) inserted by No. 48/2017 s. 12(3). (6) An offence against subsection (5) is an indictable offence. Note However, the offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009). 39 Duty to preserve incident sites S. 39(1) amended by No. 48/2017 s. 13(1)(2). (1) An employer or self-employed person who is required to notify the Authority of an incident that has occurred at a workplace must not, without
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