❓ A parliamentary question investigates bullying and harassment allegations at BHP Billiton's Kalgoorlie Nickel Smelter, revealing a complaint, company investigation, and subsequent actions. The Minister's response indicates no breaches of the Mines Safety and Inspection Act 1994 were identified that warranted prosecution.
AnsweredQoN 2451Legislative Council
QuestionView source ↗
I refer to the Kalgoorlie Nickel Smelter (KNS) owned and operated by BHP Billiton, and ask -
(1) Within the previous 18 months, have any complaints been received by the Department of Mines and Petroleum (DMP) concerning bullying, intimidation, victimisation and harassment at the abovementioned operations?
(2) If yes to (1), have these complaints been investigated by the DMP, and if so, will the Minister state the specifics of these complaints and the outcome of the investigations?
(3) If no to (2), will the Minister request an investigation in relation to (1)?
(4) Have any sections of the
Mines Safety and Inspection Act 1994 and Regulations 1995
been breached in relation to the complaints referred to in (1), and will the Minister quote the sections of the act which apply?
(5) Will the Minister state what is the relevant section /regulation and maximum penalty under the
Mines Safety and Inspection Act 1994 and Regulations 1995
for any breaches concerning bullying, intimidation, victimisation and harassment?
(6) Will the resident manager, or any other person at the Kalgoorlie Nickel Smelter be prosecuted for any breaches for this incident referred to in (1)?
(7) If no to (6), why not?
(8) Has any person within management of the above referred to operation acknowledged or conceded to Mr Marius Hanekom or any other DMP inspector that bullying and victimisation had taken place within the workplace in relation to the matter referred to in (1)?
(9) If yes to (8), what specific enforcement action was taken?
(10) Is it correct that Mr Marius Hanekom a District Inspector with the DMP conceded to a complainant in relation to the matter referred to in (1), that bullying and victimisation had taken place, but he could take no further action as the perpetrator/offender had supposedly been disciplined by the company?
(11) If no (10), what did Mr Marius Hanekom concede or state to the complainant?
(12) Can the Minister state what section of the
Mines Safety and Inspection Act 1994 and Regulations 1995,
prohibits the DMP inspectorate taking any further enforcement action in relation to bullying and victimisation, when the offender has been disciplined by the company?
(13) If no (12), why not?
(1) Within the previous 18 months, have any complaints been received by the Department of Mines and Petroleum (DMP) concerning bullying, intimidation, victimisation and harassment at the abovementioned operations?
(2) If yes to (1), have these complaints been investigated by the DMP, and if so, will the Minister state the specifics of these complaints and the outcome of the investigations?
(3) If no to (2), will the Minister request an investigation in relation to (1)?
(4) Have any sections of the
Mines Safety and Inspection Act 1994 and Regulations 1995
been breached in relation to the complaints referred to in (1), and will the Minister quote the sections of the act which apply?
(5) Will the Minister state what is the relevant section /regulation and maximum penalty under the
Mines Safety and Inspection Act 1994 and Regulations 1995
for any breaches concerning bullying, intimidation, victimisation and harassment?
(6) Will the resident manager, or any other person at the Kalgoorlie Nickel Smelter be prosecuted for any breaches for this incident referred to in (1)?
(7) If no to (6), why not?
(8) Has any person within management of the above referred to operation acknowledged or conceded to Mr Marius Hanekom or any other DMP inspector that bullying and victimisation had taken place within the workplace in relation to the matter referred to in (1)?
(9) If yes to (8), what specific enforcement action was taken?
(10) Is it correct that Mr Marius Hanekom a District Inspector with the DMP conceded to a complainant in relation to the matter referred to in (1), that bullying and victimisation had taken place, but he could take no further action as the perpetrator/offender had supposedly been disciplined by the company?
(11) If no (10), what did Mr Marius Hanekom concede or state to the complainant?
(12) Can the Minister state what section of the
Mines Safety and Inspection Act 1994 and Regulations 1995,
prohibits the DMP inspectorate taking any further enforcement action in relation to bullying and victimisation, when the offender has been disciplined by the company?
(13) If no (12), why not?
AnswerView source ↗
Answered
29 June 2010
Responded by
Minister for Mines and Petroleum
Response time
35 days
1) Yes
2)
Yes. A Departmental mining inspector
received a complaint from an employee at Kalgoorlie Nickel Smelter. It was alleged that the employee was the target of bullying behaviour. The employee advised that the allegation was investigated by the company. The employee said that the outcome, in their opinion, was not fair.
The Departmental inspectors responded by contacting the management at Kalgoorlie Nickel Smelter. The Acting Registered Manager advised that the company was aware of this complaint and that they have investigated it. Not all of the allegations made by the complainant could be verified, but there was enough evidence to establish that some bullying and abuse did take place.
The person alleged to have exhibited bullying behaviour received a written warning, was removed as a supervisor and was put on a work improvement program.
The complainant was transferred from that particular work and was given an opportunity to try other work areas.
It was determined that all parties met their obligations under
Mines Safety and Inspection Act 1994
and thus no further action was taken by the Department.
3) Not applicable
4) No
Bullying, intimidation, victimisation and harassment are the subject of the Department of Mines and Petroleum's Code of Practice titled "Prevention and management of violence, aggression and bullying at work". Section 93 of the
Mines Safety and Inspection Act 1994
allows the Minister to approve a code of practice which has been considered by the Mining industry Advisory Committee. Section 9 of the Act prescribes the duties of employers. Section 10 of the Act prescribes the duties of employees.
5) See response to question 4. No specific penalties have been prescribed for breaches concerning bullying, intimidation, victimisation and harassment.
6) No
7)
T
here were no breaches of the
Mines Safety and Inspection Act 1994
identified that would warrant prosecution action.
8) Yes
9) The complaint was investigated.
10) No
11) Mr Hanekom acknowledged that he was informed by the Acting Registered Manager that bullying did take place.
Mr Hanekom also advised that as the company had investigated the complaint and took appropriate action he would not take further action.
12) The
Mines Safety and Inspection Act 1994
and the Regulations 1995 do not prohibit the Department of Mines and Petroleum from taking any further enforcement action when in the opinion of the inspector, such further action is warranted.
13) Not applicable.
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2)
Yes. A Departmental mining inspector
received a complaint from an employee at Kalgoorlie Nickel Smelter. It was alleged that the employee was the target of bullying behaviour. The employee advised that the allegation was investigated by the company. The employee said that the outcome, in their opinion, was not fair.
The Departmental inspectors responded by contacting the management at Kalgoorlie Nickel Smelter. The Acting Registered Manager advised that the company was aware of this complaint and that they have investigated it. Not all of the allegations made by the complainant could be verified, but there was enough evidence to establish that some bullying and abuse did take place.
The person alleged to have exhibited bullying behaviour received a written warning, was removed as a supervisor and was put on a work improvement program.
The complainant was transferred from that particular work and was given an opportunity to try other work areas.
It was determined that all parties met their obligations under
Mines Safety and Inspection Act 1994
and thus no further action was taken by the Department.
3) Not applicable
4) No
Bullying, intimidation, victimisation and harassment are the subject of the Department of Mines and Petroleum's Code of Practice titled "Prevention and management of violence, aggression and bullying at work". Section 93 of the
Mines Safety and Inspection Act 1994
allows the Minister to approve a code of practice which has been considered by the Mining industry Advisory Committee. Section 9 of the Act prescribes the duties of employers. Section 10 of the Act prescribes the duties of employees.
5) See response to question 4. No specific penalties have been prescribed for breaches concerning bullying, intimidation, victimisation and harassment.
6) No
7)
T
here were no breaches of the
Mines Safety and Inspection Act 1994
identified that would warrant prosecution action.
8) Yes
9) The complaint was investigated.
10) No
11) Mr Hanekom acknowledged that he was informed by the Acting Registered Manager that bullying did take place.
Mr Hanekom also advised that as the company had investigated the complaint and took appropriate action he would not take further action.
12) The
Mines Safety and Inspection Act 1994
and the Regulations 1995 do not prohibit the Department of Mines and Petroleum from taking any further enforcement action when in the opinion of the inspector, such further action is warranted.
13) Not applicable.
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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