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Work Health & Safety

7. Consultation with Workers

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 31 Aug 2015
    7. Consultation with Workers
  • Consultation is important because it is an essential part of effectively managing safety risks.
  • Consultation refers to a two-way communication process between management and workers in which both parties:
    • talk to each other;
    • listen to each other’s concerns;
    • seek and share information; and
    • consider all the issues before a decision is made.
  • A safe workplace is more easily achieved when people at the workplace communicate with each other about potential hazards and safety problems and work together to develop solutions. By drawing on the knowledge of workers a person conducting a business or undertaking (‘PCBU’) can make informed decisions about how work can be carried out safely.
  • Workplace consultation is a legal requirement. A PCBU must so far as is reasonably practicable consult with workers who are or are likely to be directly affected by a matter relating to WHS.
  • A PCBU must consult with workers when:
    • conducting risk assessments and implementing risk control measures;
    • deciding upon the adequacy of facilities;
    • proposing changes that may affect the health or safety of workers; and
    • making decisions about the procedures for:
      • consultation;
      • issue resolution;
      • health monitoring;
      • workplace inspections; and
      • training.
  • During consultation a PCBU must ensure that:
    • relevant information is shared with workers;
    • workers are given a reasonable opportunity to:
      • express their views;
      • raise WHS issues; and
      • contribute to the decision-making process;
    • workers views are taken into account;
    • workers are advised of the outcome; and
    • where workers are represented by a health and safety representative the consultation involves the representative.

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