Fortescue Metals Group has been charged for allegedly failing to supply documents relating to more than 30 cases of alleged sexual harassment at three Western Australian mine sites.
WorkSafe has charged the mining giant with 34 counts of refusing or failing to provide documents to a WorkSafe inspector within a specific period and without a reasonable excuse.
The documents relate to cases of alleged sexual harassment at three Pilbara iron ore mining operations — Solomon north of Tom Price, Cloudbreak and Christmas Creek which are both near Nullagine.
It is not clear how many alleged victims and offenders were involved and WorkSafe did not say when the incidents are alleged to have happened.
Under relevant legislation, WorkSafe inspectors have the power to request documentation to be received within a specified time period, unless there is a reasonable excuse not to.
The case has been listed for mention in the Perth Magistrates Court on March 17.
WorkSafe said in a statement FMG was yet to enter a plea to the charges.
The company faces a maximum penalty of $55,000 in fines for each charge, with a potential cumulative penalty of up to $1.87 million.
An FMG spokesperson said the company would work with WorkSafe and was committed to providing a safe and respectful workplace.
The spokesperson said sexual harassment had "no place" at Fortescue, and the company was "confused" by WorkSafe's decision to issue a media release without telling FMG.
"Fortescue has always compiled (sic) with our obligations to report cases of sexual harassment and other incidents of psychosocial harm in line with the relevant legislation," the spokesperson said.
"Improving the safety of our workplaces and ensuring our team members feel safe enough to speak up is critical and we will continue to take meaningful action to eliminate sexual harassment."
It is understood WorkSafe has no requirement to notify a company before publishing a statement and a spokesperson for WorkSafe said on Wednesday's media release was "consistent with past practice".
Charges follow landmark inquiry
Last year a parliamentary inquiry into sexual harassment against women in the fly-in fly-out mining industry found women have been subjected to "an appalling range of behaviours".
The inquiry received nearly 100 submissions and heard horrific stories of several women being sexually assaulted.
Titled "Enough is Enough", the report stated sexual harassment was "generally accepted or overlooked" and described the "failure" of mining companies to recognise the issue.
Industrial Relations Minister Bill Johnston said while WorkSafe operated independently of government, new legislation introduced last year compelled businesses to provide documents related to workplace sexual harassment.
He said the mining industry had an obligation to meet community standards on workplace safety.
"The agency [WorkSafe] has the power to prosecute when it deems those parties are failing to comply," he said.
"I again call on the resources sector to ensure it meets community expectations. Bullying, sexual harassment and sexual assault are unacceptable in all workplaces."
Women's Interests Minister Sue Ellery said she could not comment on specific cases while they were before the courts, but said delays in document provision were "incredibly frustrating" for complainants.
"Complying with the Work Health and Safety Act is a basic necessity," she said.
"The McGowan Government believes employers have a responsibility to do all they can to prevent sexual violence in their workplaces.
"The issue of women's safety was overlooked in the resources sector for far too long. It's time for all parts of the sector, which insists that safety is a core priority, to step up and ensure that women in mining are safe at work."
