Resolving Safety and Health Issues

Occupational safety and health legislation is designed to ensure there is an opportunity for issues to be resolved in the workplace. To assist the resolution of issues process, your employer has obligations to attempt to resolve issues when they are brought to their attention.

Additionally or alternatively, elected safety and health representatives can be involved in the resolution process. Other options include discussing the matter with the safety and health committee, mine manager or employer.

You should be clear as to what the issues are and where they are located. Listing them on paper will help to ensure that all issues are covered and will assist the person you are dealing with.

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Section 24 of the Mines Safety and Inspection Act 1994 (WA) provides for a person to enquire with Resources Safety about occupational safety and health conditions in their workplace.

So, where the above methods have failed, the option to contact Resources Safety may be used.

The mines inspector may ask you what actions have already been taken to have the matter resolved in the workplace before he or she takes the issue further. They may also advise on other ways to resolve the matter in the workplace.

A copy of the Act can be downloaded from State Law Pulisher.

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An inspector has an obligation to inquire into complaints and to take such steps as he or she considers necessary to investigate the matter. However, the name of the person who complained will not be disclosed.

This is not to say that you will remain anonymous within the workplace environment. Workplace gossip or known previous complaints made directly by you may lead others to make assumptions about the source of the complaint.

An employer is prohibited from discriminating against an employee because that person has made a complaint to them, a fellow employee, an inspector, a safety and health representative or a member of the safety and health committee. [See section 69(1)(d) of the Mines Safety and Inspection Act 1994 (WA).] A copy of the Act can be downloaded from State Law Pulisher.

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Contact with Resources Safety may be by telephone or in writing. If you have a complaint and choose to telephone, you will be asked for a number of details, including if you have attempted to resolve the issue through your supervisor or manager or with an elected safety and health representative.

If you choose to enquire about issues in your workplace in writing, some basic information needs to be provided to enable the matter to be handled in an appropriate and timely manner.

It is useful to provide:

• Correct name of the mine operator
• Specific location
• Company name of your employer
• When the issue(s) occurred.

Sufficient information about the matter you are raising also needs to be provided to enable the inspector to establish that there is a problem and deal with it appropriately. If insufficient information is provided then the matter may not be able to be resolved to your satisfaction.

It is important to provide some contact details to enable the inspector to confirm the issues raised if required, seek clarification and, if needed, provide feedback on the actions taken. Such details would include your name and a contact phone number (an after hours number is often useful for off-shift contact times) or mailing address. This information is not disclosed to the employer.

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Resources Safety deals with occupational safety and health matters of persons engaged in mining operations.

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Please refer to the documents below.

Additional information can also be obtained from frequently asked questions on bullying and violence.

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After taking action to prevent further exposure to yourself or someone else, you must report the matter to your immediate supervisor or manager. Further information on this topic is available in the guideline below. (Also see section 11 of the Act.)

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There should be a site procedure available to assist in resolving occupational safety or health issues where they arise. For example, this could involve consulting with the safety and health representative, the safety and health committee and the employer. (See section 70 of the Act.) A copy of the Act can be downloaded from State Law Pulisher.

Where attempts to resolve an issue in accordance with the resolution of issues procedure are unsuccessful and there is a risk of imminent and serious injury to or imminent and serious harm to the health of any person:

• The manager of the mine
• Any employer or employee involved
• A safety and health representative

may notify the district inspector for the region in which the mine is situated of the unresolved issue. (See section 71 of the Act.) A copy of the act can be downloaded from State Law Pulisher.

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If an employee believes that to continue to work would expose them or any other person to a risk of imminent and serious injury or imminent and serious harm to their health, they may refuse to continue work. (See section 72 of the Act).

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You can complain over the telephone or in writing.  If you write, your letter or e-mail should briefly set out the details of your complaint, such as:

• Exactly what you think the issue is
• Times and dates
• Locations of issues (i.e. site, area, plant)
• What has been done to date to resolve the matter
• The names of people you have dealt with
• The outcome that would be acceptable to you.

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The following Act and regulations are available from State Law Publisher:

• Mines Safety and Inspection Act 1994 (WA)
• Mines Safety and Inspection Regulations 1995 (WA).

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