Get off of my cloud, get out of my restaurant: interfering with public health types in Canada

Toronto food safety inspector guru and friend of the barfblog, Jim Chan (left exactly as shown), writes with Si Le and Paul Di Salvo about the safety and legal implications of getting in the way when an inspector comes to visit.

jim.chanThe full paper is a good read, and available at http://pubs.ciphi.ca/doi/full/10.5864/d2012-015.

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.