BHP WHISTLEBLOWER POLICY
BHP is committed to the highest standard of integrity, openness and accountability in the conduct of its businesses and operations. It aspires to conduct its affairs in an ethical, responsible and transparent manner. As such, BHP provides the avenue for all employees of BHP and members of the public to disclose any improper conducts relating to BHP or BHP’s management of the Pan Borneo Highway Sabah project.
Scope of the Policy
This policy is intended for serious and sensitive concerns that could have an adverse impact on the operations and performance of BHP, and which due to the nature of the concern cannot be reported through normal reporting line e.g. through grievance procedure (for employees) or the feedback management procedure (for public), such as, but not limited to:
- a criminal offence, eg fraud, theft, embezzlement, corruption
- abuse of power or authority, or conflict of interest situations for personal gains or detriment to BHP or the Project
- risk or actual damage to the environment you believe someone is covering up wrongdoing
- Safety, health and environment issues;
- Harassments (sexual or otherwise);
- Leakage of information;
- Unlawful behavior (i.e. against the law of Malaysia);
Protection to Whistleblower
A whistleblower will be accorded with protection of confidentiality of identity, to the extent reasonably practicable under the Whistleblower Protection Act 2010. In addition, an employee who whistleblows will also be protected against any adverse and detrimental actions (e.g. discharge, demotion, suspension, harassment or other forms of discrimination) for disclosing any improper conduct committed or about to be committed within BHP, to the extent reasonably practicable, if the disclosure is made in good faith. Such protection is accorded even if the investigation later reveals that the whistleblower is mistaken as to the facts and the rules and procedures involved.
Lodging a Report
All employees and members of the public are encouraged to make a report via the format attached (Refer to Appendix 1). The format is introduced to ensure all relevant information are disclosed.
The concerns may be conveyed in writing to the MD/CEO of BHP, Head of the Managing Director’s Office and/or Head of Project Governance, or via e-mail at email@example.com.
Reports expressed anonymously may be considered, although these are much less taken seriously, but will nonetheless be considered at the discretion of BHP. In exercising this discretion, the factors that shall be considered includes the following:
(a) the seriousness of the issues raised;
(b) the credibility of the report; and
(c) the likelihood of confirming the allegation from other attributable sources.
However, BHP reserves its right not to investigate into any anonymous disclosure, especially when the appropriate information was not provided adequately with the report.
Assurance of Confidentiality
All reports and identity of the whistleblower will be treated in a confidential and sensitive manner. A report will only be disclosed to those who are authorized to carry out investigation into matters relating to the report. The identity of the whistleblower shall always be withheld in these circumstances.