KE Chemical Pty Ltd has been sentenced to pay a fine for their failure to comply with a request to provide information to a WorkSafe inspector.
KE Chemicals is a Laverton North company that handles and stores chemicals that are used in the cosmetic, mining and agricultural industries. These chemicals include dangerous goods such as Class 3 (flammable liquids), Class 5.2 (organic peroxides), Class 8 (corrosive substances), and Class 9 (miscellaneous dangerous goods).
Between June 2023 and May 2024 there were several inspections at KE Chemicals’ workplace following Improvement Notices that had been issued in relation to the emergency showers and eyewash stations, amongst other matters.
On 20 June 2024, the WorkSafe inspector attended KE Chemicals and served a notice to the director of the company under section 9 of the OHS Act. The notice contained requirements to produce information and documents to WorkSafe as part of an investigation.
The director of KE Chemicals threw the notice across the desk and told the inspector that the notice would not be read. Compliance with the section 9 notice was due two and a half weeks later – the company did not comply.
Section 9 of the OHS Act empowers WorkSafe to require a person to give such information as WorkSafe requires or to produce a document that is in the custody or control of the person. A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section of the Act. The maximum penalty for a company not complying with such a request at the time of KE Chemicals’ refusal was approximately $57,000.
KE Chemicals pleaded guilty to breaching s.9 of the OHS Act and was, without conviction, sentenced to pay a fine of $4,000.
WorkSafe inspectors have a crucial role in enforcement of OHS legislation in workplaces, in assisting to resolve health and safety issues, and in providing advice. Upon entry to a workplace inspectors can inspect, examine, make enquiries and exercise any of their powers, including to require documents to be produced, to examine the documents, and to require a person to answer questions. A person cannot without reasonable excuse, refuse to comply.
For more information about the powers of WorkSafe inspectors go to our OHS Reps Inspectors and Enforcement page. HSRs can also find information about how to make the most of an inspector’s visit to their workplace at WORKPLACE INSPECTION TIPS FOR HSRs - OHS Reps.
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