Mining company to pay $1.4 million for sexual harassment prevention in mining

The following is an abridgement of a media release originally published on the WA Government website.

WorkSafe WA agreed to drop prosecution with acceptance of enforceable undertaking

The mining company entered into an enforceable undertaking after WorkSafe WA accused it of not complying with an inspector’s request for documents using the powers of the Work Health and Safety Act 2020. The documents were related to dozens of alleged sexual harassment incidents at its mines sites. Acting WorkSafe Commissioner Sally North agreed to drop a prosecution with the acceptance of the enforceable undertaking.

What are the terms of the enforceable undertaking

An enforceable undertaking is an alternative to prosecution, but it is not an admission or finding of guilt.

The mining company has to spend $1.4 million on various initiatives to address inappropriate workplace behaviours in the mining industry. These initiatives include:

• Educating and training contract workers on work health and safety, diversity and inclusion, and sexual harassment prevention.
• Enhancing positive culture and leadership at the executive level of mining companies.
• Developing and sharing best practices and resources on sexual harassment prevention with the mining industry.
• Supporting the implementation of the recommendations of the ‘Enough is Enough’ report, which was published after a parliamentary inquiry into sexual harassment in the mining industry.

Positive outcomes are expected as a result

The enforceable undertaking is expected to have positive outcomes for workers across the mining sector, as it will improve industry capability, awareness, and culture on work health and safety and sexual harassment prevention. The undertaking is also a substantial investment by the mining company which was recognised by WorkSafe WA as being well above the fine that could be imposed if it was convicted of the underlying charges.

WorkSafe WA will monitor the progress of the undertaking by meeting with the company on a quarterly basis. If the company fails to deliver the undertaking, WorkSafe WA will take further action.

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Sources

WorkSafe and Fortescue agree to Enforceable Undertaking by WA Government, 18th December, 2023.