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.