Does a Search Warrant issued under OHS legislation authorize an inspector to enter a workplace and interview employees and corporate representatives?
No. A Search Warrant only authorizes the search and seizure of physical evidence such as documents, samples, equipment, or machinery. A Search Warrant cannot be used to require employees and representatives of an organization to answer questions or submit to an interview. All employees and representatives should be aware that they are not obligated to speak to the authorities during the execution of a warrant, however, if they voluntarily choose to do so, then anything they say can be used against them or their organization in a court of law.
