Charges over brothers' unfruitful OHS outburst
The Hobart Magistrate’s Court has made a ruling and sent a warning; to take workplace health and safety seriously, and respect its enforcers as well.
Two brothers have been convicted and fined after they threatened a health and safety inspector over a defective forklift.
The incident unfolded in mid-June 2012, when an official was checking compliance at a fruit and vegetable store in the Hobart suburb of Howrah.
Courts heard that after an infringement notice was issued for a missing forklift seatbelt, the store’s owner tore up the ticket and stuffed it in the inspector's pocket, while his older brother told the official: “You don't know who you are dealing with. You and your family will be sorry. We know where you live.”
All of this took place in full view of a shop full of customers. However, it appears the inspector did know who he was dealing with - taking the matter immediately to court where the two owners caved-in just as quickly as they had fired-up.
The brothers, aged 35 and 39, pleaded guilty to the charge of intimidating an inspector in the execution of his function and were ordered to pay $226.30 each in court costs.
“Inspectors need to feel that they can go into workplaces without experiencing intimidation,” Hobart Magistrate Catherine Rheinberger said, “there are good reasons for such inspections taking place. What happened escalated into an extremely unpleasant incident.”