Seizing things

Inspectors have specific powers to seize things, such as plant, equipment or substances:

  • to prevent loss of evidence or use of a thing where the inspector believes the thing (including a document) is evidence of an offence against the Work Health and Safety Act 2012
  • for it to be analysed, tested or examined
  • if seizing it is consistent with the purpose of entry to the workplace
  • if the inspector believes the thing, workplace or part of the workplace is defective, hazardous or likely to cause an injury.

Inspectors require a search warrant to seize anything from a place that is not a workplace.

In seizing a thing, the inspector can:

  • move it from where it was seized
  • leave it in place and restrict access to it
  • dismantle it (for example, if it’s a structure or plant).

The inspector will issue a receipt for anything seized.

You may apply to WorkSafe Tasmania for the seized thing to be returned.