An employer and/or person conducting a business or undertaking (PCBU) MUST consult with workers on health and safety. Workers need to have an opportunity to express their views and contribute to any decisions relating to their health and safety at their workplace.

As per s49 of the WHS ACT 2012, the employer MUST consult under this Division and concerning the following health and safety matters:

  1. when identifying hazards and assessing risks to health and safety arising from the work carried out or to be carried out by the business or undertaking;
  2. when making decisions about ways to eliminate or minimise those risks;
  3. when making decisions about the adequacy of facilities for the welfare of workers;
  4. when proposing changes that may affect the health or safety of workers;
  5. when making decisions about the procedures for –
    • consulting with workers; or
    • resolving work health or safety issues at the workplace; or
    • monitoring the health of workers; or
    • monitoring the conditions at any workplace under the management or control of the person conducting the business or undertaking; or
    • providing information and training for workers;

As per s48(2) Nature of Consultation of the WHS ACT 2012, if the workers are represented by a HSR, the Consultation MUST involve that Representative.

Some workplaces have regular meetings of all staff, others establish WHS Committees or Duly elect HSRs to consult and represent safety concerns to management. It is important to establish an arrangement that best suits the needs of your workers.

Remember, consultation must be regular and ongoing.

WorkSafe has developed this video on consultation.

For further information please contact:
ASU OH&S Organiser Mick Vanbeek | 0438 133 363 |

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