39Duty to preserve incident sites and evidence

39 Duty to preserve incident sites and evidence (1) The person with management or control of a workplace at which a notifiable incident has occurred must, so far as reasonably practicable, ensure— (a) the site where the incident occurred is preserved until released by an inspector; and (b) evidence of the incident, including electronic and digital records and witness details, is preserved. (1A) To remove any doubt, an inspector may release the whole or any part of the site under subsection (1) (a). (2) In this section, a reference to a site includes any plant, substance, structure or thing associated with the notifiable incident. (3) This section does not prevent any action— (a) to assist an injured person; or (b) to remove a deceased person; or (c) that is essential to make the site safe or to minimise the risk of a further notifiable incident; or (d) that is associated with a police investigation; or (e) for which an inspector or the regulator has given permission.