❓ A parliamentary question on notice regarding bullying, victimisation, and intimidation at the St Ives Argo mine and other mine sites in Western Australia. The Minister's response outlines existing codes of practice and departmental actions, while providing data on notices issued.
AnsweredQoN 2323Legislative Council
QuestionView source ↗
I refer to the Goldfields St Ives Argo mine and associated operations located near Kambalda, and the newspaper article which appeared in
the West Australian
page 43, Friday 16 April 2010 entitled, ‘Costly mine Safety regime will deliver: Minister’, and ask -
(1) Can the Minister state what has he done personally, to eliminate and prevent bullying, victimisation and intimidation at all mine sites within Western Australia?
(2) If no to (1), why not?
(3) In the period of the last 12 months, can the Minister state what the Department of Mines and Petroleum (DMP) inspectorate has done to insist to senior management of St Ives, including Mr Peter Daly and Shane Watts that bullying, victimisation and intimidation of the workforce will not be tolerated under any circumstances?
(4) If no to (3), why not?
(5) Can the Minister quote the specific sections and regulations under the
Mines Safety Inspection Act 1994 and Regulations 1995
including what are the penalties for any person bullying, victimising and intimidating employees on a mine site in Western Australia?
(6) Can the Minister state how many prosecutions in Western Australia have been undertaken for all mine sites for bullying, victimisation and intimidation of the workforce?
(7) If no to (6), why not?
(8) In relation to the newspaper article referred to above, can the Minister state what action will he or the DMP take against those companies and staff that he is aware of with ‘some evidence’ that support the Australian Workers Unions Claims, that goldfields mine sites were rife with workplace bullying and intimidation to serve as a clear deterrence to the rest of the industry that it is unacceptable and will not be tolerated?
(9) If no to (8), why not?
(10) Can the Minister state how many mines record book entries, provisional improvement, improvement and prohibition notices have been issued by the Department of Mines and Petroleum(DMP) under the
Mines Safety and Inspection Act 1994 and Regulations 95
at all the St Ives Goldfields operations in the years, -
(a) 2007;
(b) 2008;
(c) 2009; and
(d) 2010?
(11) If no to (10), why not?
(12) If yes to (10), what was each entry, notice order issued for?
(13) Can the Minister quote the full text for all the mines record book entries, stop work orders, and all types of notices issued by DMP under the
Mines Safety and Inspection Act 1994 and Regulations 95
at all the St Ives Goldfields operations in the years, -
(a) 2007;
(b) 2008;
(c) 2009; and
(d) 2010?
(14) If no to (13), why not?
(15) Can the Minister state for each non compliance identified, over the entire life time of the operation at each site, whether the history of the offender is taken into consideration in determining strong levels of enforcement including prosecution, to clearly serve as a deterrence as opposed to having a long ongoing history of non compliance?
the West Australian
page 43, Friday 16 April 2010 entitled, ‘Costly mine Safety regime will deliver: Minister’, and ask -
(1) Can the Minister state what has he done personally, to eliminate and prevent bullying, victimisation and intimidation at all mine sites within Western Australia?
(2) If no to (1), why not?
(3) In the period of the last 12 months, can the Minister state what the Department of Mines and Petroleum (DMP) inspectorate has done to insist to senior management of St Ives, including Mr Peter Daly and Shane Watts that bullying, victimisation and intimidation of the workforce will not be tolerated under any circumstances?
(4) If no to (3), why not?
(5) Can the Minister quote the specific sections and regulations under the
Mines Safety Inspection Act 1994 and Regulations 1995
including what are the penalties for any person bullying, victimising and intimidating employees on a mine site in Western Australia?
(6) Can the Minister state how many prosecutions in Western Australia have been undertaken for all mine sites for bullying, victimisation and intimidation of the workforce?
(7) If no to (6), why not?
(8) In relation to the newspaper article referred to above, can the Minister state what action will he or the DMP take against those companies and staff that he is aware of with ‘some evidence’ that support the Australian Workers Unions Claims, that goldfields mine sites were rife with workplace bullying and intimidation to serve as a clear deterrence to the rest of the industry that it is unacceptable and will not be tolerated?
(9) If no to (8), why not?
(10) Can the Minister state how many mines record book entries, provisional improvement, improvement and prohibition notices have been issued by the Department of Mines and Petroleum(DMP) under the
Mines Safety and Inspection Act 1994 and Regulations 95
at all the St Ives Goldfields operations in the years, -
(a) 2007;
(b) 2008;
(c) 2009; and
(d) 2010?
(11) If no to (10), why not?
(12) If yes to (10), what was each entry, notice order issued for?
(13) Can the Minister quote the full text for all the mines record book entries, stop work orders, and all types of notices issued by DMP under the
Mines Safety and Inspection Act 1994 and Regulations 95
at all the St Ives Goldfields operations in the years, -
(a) 2007;
(b) 2008;
(c) 2009; and
(d) 2010?
(14) If no to (13), why not?
(15) Can the Minister state for each non compliance identified, over the entire life time of the operation at each site, whether the history of the offender is taken into consideration in determining strong levels of enforcement including prosecution, to clearly serve as a deterrence as opposed to having a long ongoing history of non compliance?
AnswerView source ↗
Answered
15 June 2010
Responded by
Minister for Mines and Petroleum
Response time
42 days
(1)
The Minister through MIAC has had a Code of Practice developed that addresses these issues and put in place as per Section 93 of the
Mines Safety and Inspection Act 1994
.
(2) Not applicable
(3) There have been no complaints of bullying at the St Ives Operations made to the Department in the last 12 months. A Code of Practice exists and it outlines matters relating to bullying and harassment in the workplace.
(4) The manager of the mine has been telephoned and he confirmed that Goldfields will not tolerate bullying, intimidation or harassment in the workplace.
(5) There is a Code of Practice approved under section 93 of the
Mines Safety and Inspection Act 1994
(MSIA) which addresses bullying in the workplace. There are no specific sections of the MSIA or regulations of the Mines Safety Inspection Regulations 1995 which deal with bullying, intimidation or harassment in the workplace.
(6) Nil.
(7) Not applicable
(8) The Department will take such action as is considered appropriate in the circumstances to ensure mine sites operate in accordance with the Code of Practice.
(9) Not applicable
(10)
Refer to the attached correspondence for Record Book Entries, Improvement and Prohibition Notices. Provisional Improvement Notices are issued by Safety and Health Representatives not mining safety inspectors.
[see tabled paper_____]
(11) Not applicable
(12) - (13) See tabled paper referred to in response to question 10.
(14) Not applicable
(15) The Department administers the
Mines Safety and Inspection Act
1994 taking into account a guidance procedure on enforcement.
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
The Minister through MIAC has had a Code of Practice developed that addresses these issues and put in place as per Section 93 of the
Mines Safety and Inspection Act 1994
.
(2) Not applicable
(3) There have been no complaints of bullying at the St Ives Operations made to the Department in the last 12 months. A Code of Practice exists and it outlines matters relating to bullying and harassment in the workplace.
(4) The manager of the mine has been telephoned and he confirmed that Goldfields will not tolerate bullying, intimidation or harassment in the workplace.
(5) There is a Code of Practice approved under section 93 of the
Mines Safety and Inspection Act 1994
(MSIA) which addresses bullying in the workplace. There are no specific sections of the MSIA or regulations of the Mines Safety Inspection Regulations 1995 which deal with bullying, intimidation or harassment in the workplace.
(6) Nil.
(7) Not applicable
(8) The Department will take such action as is considered appropriate in the circumstances to ensure mine sites operate in accordance with the Code of Practice.
(9) Not applicable
(10)
Refer to the attached correspondence for Record Book Entries, Improvement and Prohibition Notices. Provisional Improvement Notices are issued by Safety and Health Representatives not mining safety inspectors.
[see tabled paper_____]
(11) Not applicable
(12) - (13) See tabled paper referred to in response to question 10.
(14) Not applicable
(15) The Department administers the
Mines Safety and Inspection Act
1994 taking into account a guidance procedure on enforcement.
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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