Abusive businessman pays the price

20 November 2007

A tirade of abuse and obstructing a WorkSafe inspector taking part in a safety improvement campaign has cost a businessman nearly $5000 in fines and court costs.

But Graeme Hardy, the sole director and secretary of Executive Golf Pty Ltd escaped a conviction having told the Melbourne Magistrate’s Court last week a conviction could affect his ability to travel to the United States on business.

WorkSafe told Melbourne Magistrate Susan Wakeling that on 5 March this year a WorkSafe inspector and a project officer were conducting inspections at premises in Williamstown Road Port Melbourne, as part of the Safe Suburbs Project.

Safe Suburbs has been running for several years and involves a team of up to 10 inspectors visiting a particular area for workplace visits over a week.

After the WorkSafe representatives spoke to two other people, Mr Hardy appeared and  told  the inspector to ‘get out‘ several times and to make an appointment. He said the police would be called if they did not leave.

While the inspector explained he had the power to enter premises to check for safety breaches and that a compliance program was currently underway in Port Melbourne, the verbal abuse and obscenities continued for three to four minutes.

The inspection continued later that day without further incident. Two improvement notices were issued.

In court, Mr Hardy’s lawyer said his client ‘regretted’ the matter.

WorkSafe’s Executive Director, John Merritt, said Inspectors had an important role to play in ensuring Victorian workplaces were as safe as possible.

“Inspectors are on the ‘front line’ of workplace safety. The Occupational Health and Safety Act gives inspectors broad powers to visit workplaces and ensure safety standards are observed.

“Preventing them doing their job is a matter WorkSafe takes seriously.

“WorkSafe’s aim is to work constructively with all employers and workers, but where serious breaches of the law are found legal options will be pursued.

“A moment of hot-headedness can have serious consequences,” Mr Merritt said.

WorkSafe’s publication ‘WorkSafe Victoria inspectors’ outlines their rights and obligations under Victoria’s workplace health and safety laws.

Along with a wide range of workplace health and safety publications, it’s available online at www worksafe.vic.gov.au or by calling the WorkSafe advisory service on

1800 136 089 for a printed copy.

The charge:

Occupational Health and Safety Act 2004

Section125. Offences in relation to inspections

(1)  A person must not—

(a) intentionally hinder or obstruct an inspector in the performance of his or her functions or exercise of his or her powers under this Act or the regulations, or induce or attempt to induce any other person to do so.