Following entry to a workplace to inquire into a suspected contravention relating to or affecting a worker, and EPH while inspecting the workplace can do the following in relation to the suspected contravention:
During the inspection:
- take measurements or conduct tests directly relevant to the suspected contravention
- take photos and videos directly relevant to the suspected contravention
- may bring to the workplace and use any equipment or materials that are reasonably necessary for the taking of measurements or conducting of tests, but must take account of the need to take the measurements and conduct the tests in compliance with this Act and other relevant laws.
If conducting tests directly relevant to the suspected contravention, the tests must be undertaken during the inspection. A EPH must not remove any items or things from the workplace for the purposes of testing or for any other purposes.
The EPH must not live stream, or take photos or videos that include persons who are not relevant workers, a worker directly affecting a relevant worker, an inspector or emergency services worker or a EPH.
Photos and videos should include images only of the suspected contravention.