Prosecution Details

Contravened a requirement of an inspector made under section 43(1)(m) of the Occupational Safety and Health Act 1984 in that he failed to state his name and address when required by (WorkSafe inspector), an inspector appointed under the Act; contrary to section 47(1)(c) of the Act.

On 17 April 1998, the defendant was working with others fitting roof sheets to a warehouse in Malaga. A WorkSafe Inspector inspecting the site ordered workers down from the roof when he observed them working close to the open edge of the roof without fall arrest equipment. The Inspector showed the workers his identification card and explained his reasons for directing them to cease work. He then asked each of the workers (including the defendant) to state their names and addresses.

The defendant refused to state his name and address. The WorkSafe Inspector again showed the defendant his identification card and advised the defendant that he was required to state his name and address pursuant to sections 43(1)(m) and 47 of the Occupational Safety and Health Act 1984.

After further discussion the defendant walked away and the WorkSafe Inspector took his photograph. The defendant was subsequently identified by other workers.

The requirement for persons to comply with an inspectors request to provide their name and address is an important issue as inspectors appointed under the Act have no powers of arrest.

The defendant pleaded guilty. The penalty was imposed under section 54(a).

convicted