WorkSafe brings charges against Fortescue

13th February 2023 By: Esmarie Iannucci - Creamer Media Senior Deputy Editor: Australasia

PERTH (miningweekly.com) – Iron-ore major Fortescue is facing charges from WorkSafe over the alleged failure to supply documents relating to 34 cases of alleged sexual harassment at the miner’s sites in the Pilbara.

WorksSafe announced that Fortescue had been charged 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 relate to cases of alleged sexual harassment at three mining operations – Christmas Creek, Solomon and Cloudbreak.

The Work Health and Safety Act gives WorkSafe inspectors the right to request that documentation be received within a specified time period unless the person in charge of the business or undertaking has a reasonable excuse for not supplying the documents.

The case has been listed for mention in the Perth Magistrates Court on March 17, and the company is yet to enter a plea to the charges.

A Fortescue spokesperson told Mining Weekly Online that the company would not be pushed into breaking the law or releasing the private information of its team-mates without their knowledge and consent.

“There is no legal basis for the Regulator to demand this information so we are understandably very cautious, when asked to release private and personal records. We have never refused to comply.

“We have robust processes for our people to raise concerns in a confidential and respectful manner. All reported cases are thoroughly investigated and, where substantiated, we take swift action to address any behaviour that is not acceptable to Fortescue or in the community, which has included termination,” the spokesperson said.

“We have always worked constructively with the Regulator and over a six-month period repeatedly asked Department of Mines, Industry Regulation and Safety for the legal basis for these notices. They failed to do so. 

“Sexual harassment, bullying and misconduct has no place at Fortescue, and we take our responsibility to provide a safe and respectful workplace for all our team members very seriously,” the spokesperson added.