Convictions for intimidating WorkSafe inspectors

Two men who assaulted, threatened and intimidated WorkSafe inspectors have received suspended prison sentences after being prosecuted by WorkSafe Victoria.

Construction company director Reginald Durmus and employee Serhat Aslan recently pleaded guilty to charges of inspector assault and intimidation at the Broadmeadows Magistrates’ Court.

The two men were separately convicted and each fined $2000 and sentenced to six months’ imprisonment, suspended for two years. Both were also ordered to pay $6000 in costs. Durmas was also convicted and fined a further $1500 in relation to a separate incident of intimidation and verbal threats.

“Inspectors play an important part in helping to keep workplaces safe - a job that can be difficult in the best of circumstances,” WorkSafe Victoria’s Executive Director for Health and Safety, Ian Forsyth, said. “Putting up with aggression or intimidation isn’t part of the job description. When this sort of behaviour occurs, we will always take action.”

The incidents occurred during two separate visits by WorkSafe inspectors to a domestic construction site in 2008. During a visit on 29 May, a sole inspector was subjected to intimidation and verbal abuse. A follow-up visit was carried out by an inspector and an investigator the next day.

During the visit, Durmas became abusive and aggressive, holding a piece of timber in one hand, tapping it into the other to punctuate conversation. He also repeatedly verbally abused both WorkSafe staff. He then grabbed the inspector by the arm and forcibly moved him off the site. During the course of this exchange, Aslan produced a Stanley knife and continued to flick the blade open and shut in a threatening manner.

Forsyth said inspectors needed the support of employers and workers: “Our inspectors are just trying to do their jobs - as part of this they have powers to enter workplaces and to speak to people. People need to respect this and let them get on with the job which can literally save lives. A moment of hot-headedness can have very serious consequences.”

Previous cases where WorkSafe prosecuted after inspector intimidation included a 2007 incident in Mildura where two men were fined after grabbing an inspector from behind, forcibly restraining him and taking his camera from him and burying the film.

In the same year, the director of Port Melbourne-based company Executive Golf was fined after an inspector trying to enter the company’s premises was subjected to verbal abuse, including obscenities.