Ministerial inquiry to complete BHP Billiton occupational health and safety picture

18/6/04
State Development Minister Clive Brown today announced the terms of reference for the Ministerial Inquiry into occupational health and safety systems and practices on BHP Billiton's Western Australian iron ore operations.
The inquiry will proceed concurrently with the four statutory investigations currently under way under the Mines Safety and Inspection Act into the fatalities on BHP Billiton sites.
Mr Brown said that, while the statutory investigations were designed to investigate each fatality, the inquiry was designed to investigate whether there were any cultural, behavioural or other factors that might adversely impact on occupational health and safety on BHP iron ore sites.
"The findings of this inquiry will provide, in conjunction with the findings of the four statutory inquiries already under way, a complete picture into occupational health and safety practices on BHP Billiton iron ore sites," he said.
"The terms of reference have been carefully designed so as to not compromise the four statutory investigations currently under way, nor any action that may result from those investigations.
"In this way, the Government is ensuring that there is the best possible chance of identifying any deficiencies, remedying them and improving safety arrangements."
The Minister also announced that respected barrister Mr Mark Ritter had been selected to conduct the inquiry, with secretarial support drawn from the Department of Consumer and Employment Protection.
Mr Ritter would begin the inquiry within the next couple of weeks.
Advertisements would be placed in local newspapers advising on how submissions should be made to the inquiry and Mr Ritter would visit BHP Billiton iron ore operations and the towns from which their workforce was drawn.
Mr Brown said submissions would be treated confidentially and he had received strong assurances from BHP Billiton management that there would not be any discrimination against anyone who elected to make a submission.
"I encourage all who have worked on BHP Billiton sites and who feel that the inquiry would benefit from their experience to make submissions and make their contribution towards building a safer workplace for them and their workmates," he said.
"If they have an opinion about occupational healthy and safety practices, now is the time to act. They should keep an eye on the local papers and follow the guidelines on how to make a submission."
The Minister thanked both the WA union movement and BHP Billiton's management and staff for their constructive input into the development of the terms of reference and was pleased that both BHP Billiton and all local union leaders had signed off on the terms of reference.
He said the inquiry would aim to deliver a report to him within three months.
Mr Brown again offered his sympathy and condolences to the family, friends and workmates of those who had lost their lives or been injured in the accidents.
Terms of reference follow.
Minister's office: 9222 9699
TERMS OF REFERENCE FOR A GENERAL REVIEW OF BHPBIO OCCUPATIONAL HEALTH AND SAFETY
1. PURPOSE
This Inquiry is being conducted to ensure that the Minister for State Development is fully informed as to occupational health and safety systems and practices on BHP Direct Reduced Iron Pty Ltd (Boodarie Iron) and BHP Billiton Iron Ore Pty Ltd (BHPBIO) sites in Western Australia, with a view to determining what action may be necessary in order to improve occupational health and safety performance by BHPBIO and more broadly across the industry.
2. FORM OF INQUIRY
The Inquiry will be a Ministerial Inquiry.
The Inquiry will be conducted by an eminent legal practitioner, with suitable experience who will prepare a report for the Minister in accordance with the Terms of Reference set out below. In preparing the report, that person will be able to draw upon such expertise as he or she considers appropriate and relevant to the Terms of Reference.
There will need to be appropriate secretariat support provided (independent of DoIR).
3. TERMS OF REFERENCE
3.1 With regard to Boodarie Iron and BHPBIO's Pilbara Operations, inquire into:
(a) the degree to which the safety systems -

• comply with statutory requirements;
• are consistent with BHPB corporate policies and standards;
• are complied with;
• involve participation by employees in occupational health and safety matters;

(b) whether there are any underlying cultural or behavioural or other factors that may adversely impact on occupational health and safety on Boodarie Iron and/or BHPBIO sites;
(c) the adequacy of the occupational health and safety systems put in place by BHP-Billiton to address any factors identified in (b) above; and
(d) whether the Department of Industry and Resources (DoIR) is appropriately and effectively administering the Mines Safety and Inspection Act 1994 (MSI Act).
3.2 Recommend changes to occupational health and safety systems and practices, including changes to DoIR policies and procedures in respect to the administration of the MSI Act, determined to be desirable:

(a) on BHPBIO sites;
(b) at Boodarie Iron's site; and
(c) within the minerals industry generally.

3.3 This Inquiry will not inquire into the specific accidents which occurred on BHPBIO sites 1 and 20 May 2004 and on the Boodarie Iron site on 19 May 2004 causing fatalities (Specific Accidents) and which are the subject of separate investigations being conducted pursuant to the MSI Act. The Inquiry is not prohibited from inquiring into general matters concerning occupational health and safety on the basis that such matters may also be relevant to the investigations into the Specific Accidents, provided that the Inquiry does nothing that would prejudice those investigations, or a timely and procedurally fair completion of those investigations, being undertaken pursuant to the MSI Act, or any legal proceedings arising therefrom.
4. TIMING
The Inquirer will provide a Report to the Minister within three months of appointment.
5. MODUS OPERANDI
The Inquirer will invite written and oral submissions from the public, unions and in particular submissions from Boodarie Iron and BHPBIO employees, contractors and employees of contractors employed on their sites, within the Terms of Reference.
The Inquiry is separate from the Specific Accident investigations being conducted pursuant to the MSI Act.
Information tendered to the Inquiry which directly impinges upon the Specific Accident investigations will be directed forthwith to the State Mining Engineer.
The Inquiry will develop specific protocols in writing which must meet the following principles
a) to conduct interviews in camera;
b) to protect as far as is possible people coming forward with information by ensuring that all statements, submissions, documents and evidence provided to the Inquiry are kept confidential;
c) for provision of information, documents and access to employees of BHP Billiton Iron Ore, Boodarie Iron and their contractors; and
d) for meeting BHP Billiton Iron Ore and Boodarie Iron confidentiality obligations to JV Partners and contractors.

The Inquirer must ensure, in preparing the Report, that any parties in relation to whom he or she proposes to make adverse findings or recommendations against, have the opportunity to respond to any such findings or recommendations prior to the Report being submitted to the Minister.