WorkSafe and miner Fortescue have agreed to an enforceable WHS undertaking as an alternative to prosecution in relation to Fortescue failing to provide documents to WorkSafe.
Fortescue was charged in February 2023 with 34 counts of refusing or failing to comply with a requirement to provide documents to a WorkSafe inspector within a specified period without a reasonable excuse. The documents related to 34 cases of alleged sexual harassment at three of Fortescue’s mining operations – Christmas Creek, Solomon and Cloudbreak.
The Work Health and Safety Act 2020 provides for the WorkSafe Commissioner to accept an enforceable WHS undertaking as an alternative to prosecution for a party alleged to have contravened the Act. It is not an admission or finding of guilt, but instead aims to deliver a workplace safety outcome instead of a fine. This is the first time WorkSafe has agreed to this alternative.
The money Fortescue must spend is to be applied to a number of projects and programs aligned with certain recommendations of the Enough is Enough report, published following the Parliamentary Inquiry into Sexual Harassment in the Mining Industry.
The money Fortescue must spend is to be applied to a number of projects and programs aligned with certain recommendations of the Enough is Enough report, published following the Parliamentary Inquiry into Sexual Harassment in the Mining Industry.
Agreed WHS undertakings include, Fortescue developing a security and duress app to be made available to all workers in the mining industry; developing and delivering education sessions for contractors and sub-contractors; developing respectful behaviour advertisements and funding research into strategies to prevent and respond to psychosocial hazards for use across the mining sector.
Acting WorkSafe Commissioner Sally North said Fortescue had committed to spend more than $1.4 million on their WHS undertakings.
“This is a substantial investment in improving industry capability, and I firmly believe that this agreement is in the best interests of workers across the mining sector,” she said. “Fortescue’s investment is well above the fine that could be expected if it was convicted of the underlying charges”.
Fortescue’s initiatives must be made available throughout the mining industry, and the benefits are expected to have widespread positive outcomes for Western Australian workers. WorkSafe will monitor the progress of the WHS undertaking by meeting with Fortescue on a quarterly basis, and further action may be taken if the WHS undertaking is not delivered.
Further information
Further informationTo find out more, go to Enforceable WHS.
