❓ A parliamentary question scrutinizes BHP Billiton's Kalgoorlie Nickel Smelter regarding bullying and harassment, and the DMP's oversight. The Minister's response details investigations and actions taken, but no prosecutions.
AnsweredQoN 2452Legislative Council
QuestionView source ↗
I refer to the Kalgoorlie Nickel Smelter owned and operated by BHP Billiton, and ask -
(1) Does the Minister, or any staff from the Department of Mines and Petroleum (DMP), endorse bullying, intimidation, victimisation and harassment within the abovementioned operation?
(2) If no to (1), why not?
(3) Can the Minister state what specifically has the DMP inspectorate done within the last 24 months to eliminate bullying, intimidation, victimisation and harassment at the above referred to operation?
(4) Can the Minister state how many complaints have been recorded, both on the internal reporting system and to the DMP, in the previous 36 months concerning occupational health and safety matters including bullying, intimidation, victimisation and harassment?
(5) If yes to (4), have all these complaints been investigated by the DMP?
(6) If yes to (5), will the Minister state the specifics of these complaints and the outcome of the investigations?
(7) Can the Minister state, what was the outcome of all the complaints referred to (4)?
(8) If no to (7), why not?
(9) Have any sections of the
Mines Safety and Inspection Act 1994 and Regulations 1995
been breached, in relation to any concerns referred to in (4), and will the Minister quote the sections of the Act which apply?
(10) Will the Minister state, what is the maximum penalty for any breaches in relation to all the complaints referred to in (4)?
(11) If no to (10), why not
(12) Will the resident Manager, or any other person at the Kalgoorlie Nickel Smelter be prosecuted for any breaches or for any complaints referred to in (4)?
(13) If no to (12), why not?
(1) Does the Minister, or any staff from the Department of Mines and Petroleum (DMP), endorse bullying, intimidation, victimisation and harassment within the abovementioned operation?
(2) If no to (1), why not?
(3) Can the Minister state what specifically has the DMP inspectorate done within the last 24 months to eliminate bullying, intimidation, victimisation and harassment at the above referred to operation?
(4) Can the Minister state how many complaints have been recorded, both on the internal reporting system and to the DMP, in the previous 36 months concerning occupational health and safety matters including bullying, intimidation, victimisation and harassment?
(5) If yes to (4), have all these complaints been investigated by the DMP?
(6) If yes to (5), will the Minister state the specifics of these complaints and the outcome of the investigations?
(7) Can the Minister state, what was the outcome of all the complaints referred to (4)?
(8) If no to (7), why not?
(9) Have any sections of the
Mines Safety and Inspection Act 1994 and Regulations 1995
been breached, in relation to any concerns referred to in (4), and will the Minister quote the sections of the Act which apply?
(10) Will the Minister state, what is the maximum penalty for any breaches in relation to all the complaints referred to in (4)?
(11) If no to (10), why not
(12) Will the resident Manager, or any other person at the Kalgoorlie Nickel Smelter be prosecuted for any breaches or for any complaints referred to in (4)?
(13) If no to (12), why not?
AnswerView source ↗
Answered
29 June 2010
Responded by
Minister for Mines and Petroleum
Response time
35 days
1) No such behaviour is endorsed at any workplace.
2) Bullying behaviour can have a negative effect on the safety and health of employees.
3) The Department of Mines and Petroleum (DMP) has published a Code of Practice on this subject. It is titled "Prevention and Management of violence, aggression and bullying at work". DMP applies the code as the minimum standard that must be followed to deal with these issues and expects grievances to be addressed through consultation between the parties. See also Answer (6) below.
4) Five complaints regarding occupational health and safety matters including bullying, intimidation, victimisation and harassment at the Kalgoorlie Nickel Smelter since 1 January 2007 were received by DMP.
Two complaints were received by the company on their internal reporting system.
5) Yes
6) 28/8/2007 Complaint regarding compliance of scaffolding at the Kalgoorlie Nickel Smelter with the relevant Australian Standard. Complaint was investigated and an audit of the scaffolding on site was requested.
17/01/2008 Complaint regarding maintenance on a loader. Issues were investigated and resolved.
29/08/2008 Complaint regarding installation of electrical cables. Issue resolved.
12/09/2008 Complaint regarding safety issues involving slag haulers. Investigated and resolved.
25/03/2010 Complaint from an employee alleging bullying behaviour. This was reported it to the company and the complaint was investigated. The employee stated that the outcome, in her opinion was "not fair".
The matter was investigated by Inspectors of Mines who discussed the matter with the company and were satisfied with the action taken.
As is common in such cases not all of the allegations made by the complainant could be verified, but there was enough evidence to establish that some bullying behaviour did take place.
The person accused received a final written warning and was put on a work improvement program.
It is the Department's view that all parties have met their obligations under the
Mines Safety and Inspection Act 1994
and no further action was taken.
7) See response to question 6.
8) Not applicable
9) No
10) No specific penalties have been prescribed for breaches concerning bullying, intimidation, victimisation and harassment.
11) Not applicable
12) No
13) It is the Department's view that prosecution action is not warranted in the circumstances.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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2) Bullying behaviour can have a negative effect on the safety and health of employees.
3) The Department of Mines and Petroleum (DMP) has published a Code of Practice on this subject. It is titled "Prevention and Management of violence, aggression and bullying at work". DMP applies the code as the minimum standard that must be followed to deal with these issues and expects grievances to be addressed through consultation between the parties. See also Answer (6) below.
4) Five complaints regarding occupational health and safety matters including bullying, intimidation, victimisation and harassment at the Kalgoorlie Nickel Smelter since 1 January 2007 were received by DMP.
Two complaints were received by the company on their internal reporting system.
5) Yes
6) 28/8/2007 Complaint regarding compliance of scaffolding at the Kalgoorlie Nickel Smelter with the relevant Australian Standard. Complaint was investigated and an audit of the scaffolding on site was requested.
17/01/2008 Complaint regarding maintenance on a loader. Issues were investigated and resolved.
29/08/2008 Complaint regarding installation of electrical cables. Issue resolved.
12/09/2008 Complaint regarding safety issues involving slag haulers. Investigated and resolved.
25/03/2010 Complaint from an employee alleging bullying behaviour. This was reported it to the company and the complaint was investigated. The employee stated that the outcome, in her opinion was "not fair".
The matter was investigated by Inspectors of Mines who discussed the matter with the company and were satisfied with the action taken.
As is common in such cases not all of the allegations made by the complainant could be verified, but there was enough evidence to establish that some bullying behaviour did take place.
The person accused received a final written warning and was put on a work improvement program.
It is the Department's view that all parties have met their obligations under the
Mines Safety and Inspection Act 1994
and no further action was taken.
7) See response to question 6.
8) Not applicable
9) No
10) No specific penalties have been prescribed for breaches concerning bullying, intimidation, victimisation and harassment.
11) Not applicable
12) No
13) It is the Department's view that prosecution action is not warranted in the circumstances.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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