Who may lodge a report alleging bullying?
Workers at any mining operation – which includes exploration sites, processing plant and designated ports – may lodge a report about alleged bullying with the department. Reports will be accepted from those who have either experienced or witnessed alleged bullying.
You may lodge a report even if you have already informed your employer about the alleged bullying.
Experience shows the matter is more likely to be resolved if it is addressed at the workplace using internal grievance procedures.
Forms of reporting
Initial reports of alleged bullying at mining workplaces may be received in writing, by phone or in person.
The mines inspectorate will ultimately require a written report with sufficient information to support an investigation. A pro-forma has been developed to assist in completing a written report.
Complete all applicable fields. The more information provided, the more effectively a mines inspector can deal with the issue. Where the information provided in the written report is insufficient, the person making the report will be asked to provide more details before a decision is made on whether to investigate further.
See Section 24(2) of the Mines Safety and Inspection Act 1994 regarding disclosure restrictions.
Anonymous reports alleging bullying
The department will not investigate anonymous reports of alleged bullying. This is because the mines inspector needs to be able to obtain further details from the person who is allegedly being bullied or witnessed the alleged bullying to:
- gain a better understanding of the inappropriate and unreasonable behaviour at the workplace
- determine the actions already undertaken
- determine how to proceed.
What is the role of the inspector during the investigation?
It is not the role of an inspector to become involved in the specifics of alleged workplace bullying or to try and mediate between the alleged bullied person(s) and the alleged perpetrator(s).
Firstly, the inspector will contact the person who has lodged the report and obtain further details about the alleged bullying behaviour. If an investigation is considered appropriate, it is the inspector’s role to establish if the employer and the employee(s) concerned have met their obligations under the Act.
Depending on the outcome of the investigation and the circumstances, the Inspector can take one or more of the following actions:
- take no action
- provide information to the employer and/or employees on preventing and resolving
- issue improvement notice(s)
- For instance, under certain circumstances the employer could be directed to ensure that adequate systems are in place to prevent or stop bullying, or to investigate the hazards reported by an employee. The perpetrator could be directed to stop the inappropriate or unreasonable behaviour that adversely affects the safety and health of other persons at the workplace.
- other enforcement action as deemed appropriate.
Lodging the written report
The completed and signed report marked ‘Private and confidential’ with any supporting documentation can be emailed to MinesSafety@dmirs.wa.gov.au
Or mailed to
Director - Mines Safety, Resources Safety
Department of Mines, Industry Regulation and Safety (DMIRS)
Mineral House 100 Plain Street
East Perth WA 6004
Or lodged in person at Resources Safety, 1 Adelaide Terrace, East Perth WA 6004.
For enquiries please contact an inspector of mines
Phone: 1800SAFEMINE (1800 7233 64)
To contact the relevant inspectorate office, use Regional inspectorate boundaries for mining operations.