Rio Tinto and BHP have been accused of exposing women to sexual harassment at mine sites

Two class actions filed in Sydney on Wednesday allege the sexual harassment at the mining giants was widespread and systemic over 20 years.

Rio Tinto and fellow mining giant BHP allegedly exposed female workers to a culture of sexual harassment and assault. Picture: Sharon Smith

Rio Tinto and BHP have been accused of exposing women to sexual harassment, assault and discrimination at their mine sites in Australia, with the alleged victims now seeking damages in the Federal Court.

Two class actions filed in Sydney on Wednesday allege the sexual harassment was widespread and systemic over 20 years, and that the mining giants were aware of the problems and the risks faced by female workers.

Law firm JGA Saddler said women were sometimes threatened with demotion or dismissal when they reported sexual harassment.

“We have heard reports of everything from unwanted touching and sexual harassment to rape, violence and physical threats,” lawyer Joshua Aylward said. “These class actions will give a voice to these women, many of whom have been too afraid to speak out for fear of losing their jobs or workplace reprisals.”

It is unclear how many women are involved in the class actions. Mr Aylward told the ABC the two lead applicants were “very brave”.

The law firm has flagged asking for a suppression order to protect them from any retaliation.

One of the lead applicants worked for Rio in Western Australia and alleges she was sexually harassed each week.

“I was sent unsolicited, sexually explicit messages, videos and pictures from a colleague, including pictures and videos of him masturbating in his on-site room,“ she said.

The other lead applicant worked for BHP and said she was harassed and abused at a mine site in Queensland.

JGA Saddler said women who were sexually harassed or suffered discrimination while working at BHP or Rio from 2003 were eligible to join the class actions.

Mining companies have moved in recent years to crack down on sexual harassment and assaults at mine sites and accommodation villages after belated acknowledgment of the problems.

The WA government moved in 2022 to introduce minimum standards for security at mining accommodation villages in response to a parliamentary inquiry into the industry, which shed light on more than 260 incidents of sexual assault and harassment.

Rio said it was aware of the claim filed in the Federal Court and treated all such claims with the utmost seriousness.

“We do not tolerate any form of sexual harassment or sex-based harassment. We take all concerns about workplace safety, culture and breaches of our values, or our Code of Conduct, extremely seriously,” a Rio spokesman said.

“This extends to our entire network, including business partners, contractors, and suppliers.

“We are absolutely committed to creating safe, respectful and inclusive workplaces.”

BHP apologised to anyone who suffered harassment at one of its mine sites or workplaces.

“Sexual harassment has no place in our workplaces or indeed anywhere. We are committed to providing a safe and respectful workplace for everyone,” a BHP spokesman said.

“We deeply regret and apologise unreservedly to anyone who has ever experienced any form of harassment at BHP. For many years, we have been focused on identifying, calling out and dealing with instances of disrespectful behaviour, including sexual harassment, racism and bullying.”

In 2018, BHP defined sexual harassment as a health and safety risk. BHP rolled out training programs and beefed up investigations on top of spending $US500m ($786.6m) to improve the safety and security of accommodation villages in Australia.

The spending included increased security guard coverage, lighting and CCTV upgrades.

Rio boss Jakob Stausholm in November apologised to victims of sexual assault, harassment and bullying after an update on the mining giant’s efforts to promote gender diversity and inclusion.

The update, released two years on from a Rio crackdown on illegal and inappropriate workplace behaviour, revealed an increase in allegations of rape or attempted rape across the company’s global operations. There were eight allegations of rape or attempted rape within the Rio workforce in the past 12 months, up from five in 2021 – the year before Rio took decisive action to protect women working at its iron ore mines and in other operations.

Rio did not provide details of where the eight recent cases occurred, but it is understood the incidents were spread across four countries.

Of more than 10,000 workers surveyed, 32 reported experiencing pressure or requests for sex or sexual acts, compared to 37 people in 2021. Almost 40 per cent reported experiencing bullying, compared to 31 per cent in 2021. The number experiencing sexual harassment was steady at 7 per cent.

The research carried out by former Australian sex discrimination commissioner Elizabeth Broderick indicated an increase in bullying and noted some of this appeared directed at women as men “retaliated” to Rio efforts to promote gender diversity and inclusion, with bullying most prevalent in the WA iron ore operations.

Rio responded to Ms Broderick’s initial report in 2022 by spending $200m on security and safety upgrades at its mining camps in the Pilbara.

The work included fitting 16,000 new locks on rooms across accommodation villages, beefing up lighting and CCTV and security guard coverage.

Originally published as Rio Tinto and BHP have been accused of exposing women to sexual harassment at mine sites