A worker has been convicted and fined $4,000 after the Alice Springs Local Court found them guilty of hindering an NT WorkSafe investigation.
The worker plead guilty to failing to comply with a written notice to produce documents and information without reasonable excuse.
In February 2018, the worker and two subcontracters were using a telehandler fitted with a man cage to install downpipes. The worker and a subcontractor were seriously injured when their man cage broke free and fell over 2 metres.
NT WorkSafe’s investigators requested that the worker produce documents and information as part of the investigation. The worker acknowledged the request, however failed to provide the information by the required time.
Under the circumstances of the workers recovery, NT WorkSafe extended the deadline.
The worker failed to meet the new extended deadline and ignored NT WorkSafe’s attempts to contact him.
Northern Territory’s WHS Regulator Mr Esteves commented on the necessity of evidence gathering in investigating and monitoring compliance:
“When there are reasonable grounds for a belief that a person can give information, documents or evidence to assist the Regulator, and all reasonable steps to obtain that evidence have been otherwise exhausted, the Regulator and inspectors may issue a notice requiring their production.”
“Breaches of the requirement to produce evidence by ignoring the notice, without a reasonable excuse, are a serious breach of the Act,” Mr Esteves said.