Hotel employer fined $3000 for not complying with improvement notices

A Northampton hotel employer has been fined $3000 on a total of eleven charges related to failing to display improvement notices and failing to comply with those notices.

Sharron Linus Tomelty – trading as the Miner’s Arms Hotel – pleaded guilty to six charges of failing to display improvement notices and five charges of failing to comply with notices and was fined in the Geraldton Magistrates Court last week.

In September 2008, a WorkSafe inspector visited the Miner’s Arms Hotel and issued six improvement notices.  Five of the notices had a compliance date of October 31, 2008, and the remaining notice required compliance by December 31, 2008.

The inspector checked by telephone on the progress of the notices in December 2008, and was told none of the notices had been complied with.  A further check on February 5, 2009 resulted in the same response.

On February 23, 2009 WorkSafe inspectors visited the Miner’s Arms Hotel, and found that the notices had not been displayed as required.  Of the six issues identified, only one had been remedied, and no compliance slips had been returned to WorkSafe.

WorkSafe WA Commissioner Nina Lyhne said today that the case was an illustration of the consequences of failing to display or comply with WorkSafe notices.

“WA’s workplace safety laws require copies of any notices issued to be displayed in a prominent place at or near the workplace affected by the notices, and this was not done in this case,” Ms Lyhne said.

“Despite reminder calls from inspectors and reminder letters to the employer, the actions required by the notices were not carried out and inspectors had to pay another visit to the workplace in order to ensure compliance.

“In cases like this where notices are disregarded despite repeated reminders, WorkSafe must move to a higher level of enforcement action.

“This case should serve as a further reminder to all employers that WorkSafe notices are not issued lightly and that failure to comply with their requirements can and does lead to more serious consequences.”