WorkSafe inspectors have a job to do

30 May 2008

WorkSafe has warned that obstructing inspectors, verbal or physical assaults will not be tolerated and that preventing them from doing their job will be followed by investigation or possible prosecution.

Four inspectors were allegedly obstructed in three separate incidents on Thursday and Friday. Police were called to one matter at a Pascoe Vale South building site.

WorkSafe inspectors have the right to enter workplaces at any time to ensure safety standards are maintained, WorkSafe’s Executive Director John Merritt said.

“We will not tolerate any effort to prevent our inspectors from doing their job.

“For obstruction, the courts can fine individuals up to $6,450 for obstructing inspectors while companies can be fined $33,000.

“For assault, intimidation or threatening an inspector, a two year prison term is possible along with fines of nearly $129,000 for companies or nearly $26,000 for individuals.

“We know most Victorians support the role of WorkSafe and our objective to ensure all Victorians get home safely at the end of the day. That right includes members of our team.

“They understand that inspectors have a job to do; they are enforcing the law and we view seriously any attempt to interfere with it in any way.

Legislation:

Occupational Health and Safety Act 2004.

Section 125.     

Offences in relation to inspections

(1) A person must not—

(a) intentionally hinder or obstruct an inspector in the performance of his or her functions or exercise of his or her powers under this Act or the regulations, or induce or attempt to induce any other person to do so; or

(b) intentionally conceal from an inspector the location or existence of any other person or any plant, substance or other thing; or

(c) intentionally prevent or attempt to prevent any other person from assisting an inspector.

Penalty: 60 penalty units for a natural person

              300 penalty units for a body corporate.

(2) A person must not assault, directly or indirectly intimidate or threaten, or attempt to intimidate or threaten, an inspector or a person assisting an inspector.

Penalty: Imprisonment for 2 years, or 240 penalty units, or both for a natural person; 1200 penalty units for a body corporate.

A penalty unit is currently valued at $107.40