Obstruction of a Public Health Inspector in a food premises, the safety and legal implications

This case study outlines an obstruction incident involving a Public Health Inspector (PHI) being obstructed while conducting an inspection. PHIs are empowered by legislation to conduct inspections and investigations without obstruction or hindrance from any person. Managers and employers have a duty to ensure PHIs are able to conduct their work free from harm or harassment. Previous case law provides an excellent perspective as to what actions constitute obstruction. In the current case, previous case law was used to substantiate the evidence and perspective of the Prosecutor and PHI when prosecuting the offender. To better safeguard PHIs during incidents involving obstructive behaviour, implementing an administrative warning system of problematic premises in addition to working in pairs, when feasible, will ensure inspection services are carried out safely and effectively.