Spotlight on reprisal for raising safety issues

Supreme and District Court have jurisdiction over the CMSHA 1999.

Under the Coal Mining Safety and Health Act 1999 (Qld):

Section 275AA

A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person—

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(a) has made a complaint, or in any other way has raised, a coal mine safety issue; or

(b) has contacted or given help to an official in relation to a coal mine safety issue.

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​An attempt to cause detriment includes an attempt to induce a person to cause detriment.

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What is a coal mines safety issue?

A coal mine safety issue means an issue about the safety or health of a person or persons while at a coal mine or as a result of coal mining operations. It is really broad and probably intentionally so in the drafting of the legislation, to help achieve the goal of the Act - everyone's health and safety while working at a coal mine. 

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What does detriment mean?

(a) personal injury or prejudice to safety; and

(b) property damage or loss; and

(c) intimidation or harassment; and

(d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and

(e) financial loss; and

(f) damage to reputation, including, for example, personal, professional or business reputation.

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'Detriment' is much more broadly defined than 'adverse action' under the Fair Work Act. Detriment under the Coal Mining Safety and Health Act 1999 can encompass not only serious harms like physical injury or property loss but also subtler forms of retaliation and unfair treatment. In addition to subtle forms of punishment such as allocating a deeply experienced shovel operator to a haul truck of several months, examples of detriment may include:

• Undermining Performance or Reputation: Spreading rumors, giving unwarranted negative feedback, or assigning tasks designed to set someone up for failure.

• Exclusion or Isolation: Leaving a worker out of meetings, decisions, or important communications that affect their role or future opportunities.

• Denied Opportunities: Blocking promotions, training, or professional development without valid reason.

• Psychological or Emotional Harm: Creating or allowing a hostile work environment through bullying, public humiliation, or ongoing intimidation.

• Blacklisting or Refusal of References: Damaging someone’s future career prospects by refusing to provide references or by circulating negative information to potential employers.

 

Because 'detriment' covers such a wide range of possible harm—including harms to reputation, career progression, and emotional wellbeing—it offers protections that go well beyond the narrower scope of 'adverse action' under the Fair Work Act. This broad definition helps ensure workers are safeguarded against many forms of retaliation, not just the most obvious ones. It is on every coal mine worker to not belittle or mock a fellow coal mine worker when they call out what they perceive is detriment occurring to them. Even if you disagree with what they are calling detrimental behaviour, it might be that there are other incidents that have made them feel intimidated or humiliated. It does not help worker rights to shame those that attempt to exercise their rights and protections.

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If you face reprisal for raising a coal mine safety issue, you have built-in recourse in the Act. 

 

Damages entitlement for reprisal

(1) A reprisal is a tort (a civil wrong) and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.

(2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.

(3) If the claim for the damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.

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Fun fact: Both an employer company and the members of management can be held accountable for reprisal. By holding individuals accountable under this section, coal mine workers can improve the safety of their workplaces.

Collecting evidence

Keep a work diary or log and write down any instances of bullying, whether verbal or written. This could be in a notebook or notepad, or even on your phone. Make sure to include details, such as when it happened, what was said – in speech marks if you can – as well as you can remember, and list any witnesses who may have heard or seen what happened. Keep notes of the small details too. Often it is a small incidental detail that can demonstrate or support facts. If you are not very good at writing, you can set up a private room on WhatsApp with only yourself in the chat, and leave yourself voice message. This might capture more detail than writing since you can probably talk faster than you can write, and your tone and sense of psychological safety can be captured more accurately. Another useful app might be Otter.ai which will also transcribe your voice message.

If you do approach someone you feel is causing detriment to you, make sure there are witnesses or a representative, who you trust to tell the truth under oath if need be, who can be present for the entire interaction.

If you feel you are being targeted, you could consider sending an email to your supervisor, stating any meetings with you, as a standard should always include your chosen representative. This means you have already communicated that any/all meetings should have a witness.

Documentary evidence is always helpful. Documentary evidence can include videos, photos, emails, SMS, screenshot, voice recording etc. While not always the case, if you are not allowed your phone under company policy, this may be an unlawful policy (it hasn't' been tested in the court yet), as your phone can and, for women often does, act as a safety device in remote areas or in mine sites with two-way drop out or dead-zones. If you use your phone to collect evidence because you felt you had to protect your legal position, it may be admissible in court. If you think you are facing detriment, you don't have to wait until you are dismissed to take action. You can lodge a general protections claim while you are employed. Read QCMA Advocacy Services for general protections without dismissal here.

The above is general information only and is not legal advice. If you are experiencing detriment at work, after raising a legitimate coal mines safety issues, you should seek legal advice.

Representation and Support

QCMA offers advocacy and access to resources to help Queensland coal mine workers. Our goal is to ensure that coal miners have the support they need to navigate complex matters. Whether it's advocating for better working conditions or providing legal guidance, we aim to ensure workers have the necessary information to make the right decision for themselves.