❓ A WA parliamentary question on notice regarding a dump truck rollover at the KCGM superpit, focusing on reporting procedures, circumstances, potential prosecution, and allegations of workplace bullying. The Minister provides factual answers and refutes the bullying allegations.
AnsweredQoN 2193Legislative Council
QuestionView source ↗
I refer to a photograph taken on 21 February 2010, depicting a rolled over dump truck at Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM) superpit operations, who is the operator for Barrick Gold and Newmont, available for viewing at www.mp.wa.gov.au/rchapple/Truck, and an article which appeared in the
Kalgoorlie Miner Newspaper
Friday 15 January 2010 on page 2 titled, ‘KCGM faces two charges’, and ask -
(1) Can the Minister state on what specific date this incident of a dump truck roll over was reported to the Department of Mines and Petroleum?
(2) If no to (1), why not?
(3) Can the Minister state, what were the specific factual circumstances, which led to this dump truck rolling over at the KCGM superpit operations?
(4) If no to (3), why not?
(5) Can the Minister state, what is Mr Mick Harvey’s position at the KCGM superpit operations recorded with the Department of Mines and Petroleum?
(6) If no to (5), why not?
(7) Will the registered mine manager of KCGM be prosecuted under the
Mines Safety and Inspection Act 1994
for this incident concerning the dump truck roll over?
(8) If no to (7), why not?
(9) Is KCGM, Barrick or Newmont required under the
Mines Safety and Inspection Act 1994
or
Regulations 1995
to report this incident of the dump truck roll over to any insurance companies?
(10) If no to (9), why not?
(11) If yes to (9), can the Minister quote the specific section or regulation which supports this requirement?
(12) Does the Minister or any staff from the Department of Mines and Petroleum support and encourage victimisation, intimidation, bullying of workers by Mick Harvey, Willie Leflie, Craig McDougall and Angela Whitehead at the KCGM superpit operations?
(13) If no to (12), why not?
(14) If yes to (12), why?
(15) Is it an offence under the
Mines Safety and Inspection Act 1994
and
Regulations 1995
to victimise, intimidate and bully workers at any mine site?
(16) If no to (15), why not?
(17) If yes to (15), can the Minister quote the specific section or regulations which prohibit this type of behaviour and conduct?
Kalgoorlie Miner Newspaper
Friday 15 January 2010 on page 2 titled, ‘KCGM faces two charges’, and ask -
(1) Can the Minister state on what specific date this incident of a dump truck roll over was reported to the Department of Mines and Petroleum?
(2) If no to (1), why not?
(3) Can the Minister state, what were the specific factual circumstances, which led to this dump truck rolling over at the KCGM superpit operations?
(4) If no to (3), why not?
(5) Can the Minister state, what is Mr Mick Harvey’s position at the KCGM superpit operations recorded with the Department of Mines and Petroleum?
(6) If no to (5), why not?
(7) Will the registered mine manager of KCGM be prosecuted under the
Mines Safety and Inspection Act 1994
for this incident concerning the dump truck roll over?
(8) If no to (7), why not?
(9) Is KCGM, Barrick or Newmont required under the
Mines Safety and Inspection Act 1994
or
Regulations 1995
to report this incident of the dump truck roll over to any insurance companies?
(10) If no to (9), why not?
(11) If yes to (9), can the Minister quote the specific section or regulation which supports this requirement?
(12) Does the Minister or any staff from the Department of Mines and Petroleum support and encourage victimisation, intimidation, bullying of workers by Mick Harvey, Willie Leflie, Craig McDougall and Angela Whitehead at the KCGM superpit operations?
(13) If no to (12), why not?
(14) If yes to (12), why?
(15) Is it an offence under the
Mines Safety and Inspection Act 1994
and
Regulations 1995
to victimise, intimidate and bully workers at any mine site?
(16) If no to (15), why not?
(17) If yes to (15), can the Minister quote the specific section or regulations which prohibit this type of behaviour and conduct?
AnswerView source ↗
Answered
18 May 2010
Responded by
Minister for Mines and Petroleum
Response time
47 days
1. The incident occurred on 21 February 2010 at 7:15am and was reported to the Department of Mines and Petroleum on 22 February 2010 through the electronic system.
2. Not applicable.
3. Carrying out wet weather training doing controlled recovery driving procedure on the wet weather training ramp, when the trainee lost control of the truck running up the windrow and rolling over. Minor injuries only were sustained requiring first aid treatment and observation only.
4. Not applicable.
5. Mr Harvey is the General Mine Foreman. He holds a Restricted Quarry Managers Certificate. Between 16 February 2010 and 1 March 2010
Mr Harvey was the Deputy Quarry Manager.
6. Not applicable.
7. There is no intention to prosecute this matter.
8. There is no prima facie evidence that a crime has been committed. To pursue a prosecution in such a case would not be in the public interest.
9. No.
10. The relationship between a mining company and its insurance company is not regulated by the
Mines Safety and Inspection Act 1994
or Regulations 1995.
11. Not applicable.
12-14 It is most unfortunate that the Hon member has chosen to make serious and unsubstantiated allegations against four individuals as if those allegations are proven fact. I am informed that this is not the case. In doing so, the Hon Member has besmirched the reputations of those people, presumably on the basis of unsubstantiated allegations made by some unnamed party. I do not consider it appropriate to respond to such allegations against individuals. Proper process and natural justice demands that any evidence of unlawful behaviour should be reported to and dealt with by the appropriate regulatory authority.
15. Yes.
16. Not applicable.
17. It is an offence under Section 10(1) (b) of the
Mines Safety and Inspection Act
1994
for an employee at a mine to indulge in bullying as such activity can adversely affect the safety and health of others.
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
2. Not applicable.
3. Carrying out wet weather training doing controlled recovery driving procedure on the wet weather training ramp, when the trainee lost control of the truck running up the windrow and rolling over. Minor injuries only were sustained requiring first aid treatment and observation only.
4. Not applicable.
5. Mr Harvey is the General Mine Foreman. He holds a Restricted Quarry Managers Certificate. Between 16 February 2010 and 1 March 2010
Mr Harvey was the Deputy Quarry Manager.
6. Not applicable.
7. There is no intention to prosecute this matter.
8. There is no prima facie evidence that a crime has been committed. To pursue a prosecution in such a case would not be in the public interest.
9. No.
10. The relationship between a mining company and its insurance company is not regulated by the
Mines Safety and Inspection Act 1994
or Regulations 1995.
11. Not applicable.
12-14 It is most unfortunate that the Hon member has chosen to make serious and unsubstantiated allegations against four individuals as if those allegations are proven fact. I am informed that this is not the case. In doing so, the Hon Member has besmirched the reputations of those people, presumably on the basis of unsubstantiated allegations made by some unnamed party. I do not consider it appropriate to respond to such allegations against individuals. Proper process and natural justice demands that any evidence of unlawful behaviour should be reported to and dealt with by the appropriate regulatory authority.
15. Yes.
16. Not applicable.
17. It is an offence under Section 10(1) (b) of the
Mines Safety and Inspection Act
1994
for an employee at a mine to indulge in bullying as such activity can adversely affect the safety and health of others.
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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