Consultation is a legal requirement and an essential part of managing health and safety risks. Two duties in particular are outlined in the legislation. 

1. Duty to consult with other duty holders

If more than one person has a duty relating to the same matter, each person with the duty must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other people that have that duty.

2. Duty to consult workers

The person conducting a business or undertaking (PCBU) must, so far as is reasonably practicable, consult with workers who carry out work for the business or undertaking who are, or are likely to be, directly affected by a matter relating to work health or safety.

Consultation is about encouraging cooperation and partnerships between management and workers to ensure health and safety in the workplace. 

Consultation is important because it:

• helps to identify hazards and risks in the workplace

• is a legal requirement; PCBU's must consult with workers about safety

• it provides a way for workers to raise concerns about safety.

You can find out information about work health and safety by:

• reading (safe work method statements, workplace and industry newsletters, policies and procedures, manufacturer’s instructions for equipment and tools, hazard reports, job safety analyses etc)

• listening (WHS meetings, toolbox talks etc)

• asking questions (supervisor, other workers, Health and Safety Representatives, first aiders, suppliers, inspectors etc).

• toolbox talks (informal group discussion that focuses on a particular safety issue) 

• WHS meetings where formal discussions are held

• discussion with a Health and Safety Representative

• workplace consultation relating to WHS issues and changes (this would generally be organised by the PCBU)

• Surveys on WHS in the workplace

• During WHS training and training updates

Health and safety auditing is a proactive approach to ensuring your organisations safety systems are effective and comply with current WHS legislation. Safety auditing is a systematic, ongoing and periodic review of the entire workplace, or targeted look at specific aspects requiring review. Audits are conducted to determine the effectiveness of management systems, provide an objective measure of safety performance, define areas that warrant improvement, and provides information on workplace practices, managing risks and complying with the legislation. 

Workplace inspections assist organisations and workers in the effective use of their facilities, equipment, tools, materials and how employees and contractors use them. Inspections are a important element in an effective hazard management system and aid in the identification risk and potential safety improvements. Inspections are a screening activity designed to assist management who may miss hazards in the workplace through familiarity or lack of time. Workplace inspections are customised to suit the needs of the company, work site, and equipment.

In class you will particpate in a WHS meeting lead by your teacher. You will draw a WHS issue out of a hat and you must present this at the meeting as well as particpate in coming up with solutions for other WHS issues that are presented. Use the template (right) to record minutes of the meeting and submit them to the Google Classroom assignment for feedback.

HSRs are elected to represent workers on health and safety matters. All workers (and volunteers) are eligible to nominate and be elected as an HSR or deputy HSR for their work group. All workers in a work group are entitled to elect one or more HSRs and deputy HSRs for a three-year term. 

The PCBU is obliged to provide an HSR with an approved course of training as soon as practicable and within 3 months of any request.  An HSR can help you to raise any WHS issues or concerns that you may have.  

Watch the video (left) to better understand the for of a Health and Safety Representative.

Health and safety committees allow businesses to work together with workers on health and safety matters. A committee is effective if you have a large business and need to consult on matters that are the same across several work groups or workplaces. These committees bring together workers and management to assist in the development and review of health and safety procedures for the workplace. They can also make recommendations to improve work practices, equipment, training etc. The committee must meet at least every three months to discuss workplace safety issues.

Functions of an HSC

The main functions of the health and safety committee are to:

• facilitate co-operation in developing and carrying out measures to improve the safety of workers

• help develop health and safety standards, rules and procedures.

Employers or businesses, or anyone who falls under the definition of a ‘person conducting a business or undertaking’ (a PCBU), has legal obligations under work health and safety laws.

A ‘person conducting a business or undertaking’ is a broad term used throughout work health and safety legislation to describe all forms of modern working arrangements, which we commonly refer to as businesses.

An employer and/or person conducting a business or undertaking (PCBU) must consult with workers when they are likely to be or are directly affected by a situation involving their health and safety. And workers have to have an opportunity to express their views and contribute to any decisions relating to their health and safety.

For instance, any change to equipment, even for risk control purposes, must be discussed with workers before the change is made. Workers also need to be involved in any conversation about the adequacy of facilities.

As an employer, you must consult when:

• identifying hazards and assessing risks

• making decisions about ways to eliminate or control risks

• changing or updating workplace facilities

• proposing changes that may affect the health and safety of workers

• making decisions about consulting procedures, resolving safety issues, monitoring workers’ health and conditions, and providing information and training.

If you are a supervisor, even if not officially recognised as such, you are responsible for the carrying out of work in a safe manner in the workplace.

Your duties include:

• making decisions about health and safety that may affect work activities or other people

• ensuring legal requirements regarding health and safety are met

• actioning safety reports and carrying out workplace inspections

• ensuring safe work method statements are completed

• ensuring safe work practices

• conducting inductions and regular safety briefings

• participating in incident investigations

• leading by example and promoting health and safety at every opportunity.

While at work a worker must:

• take reasonable care for their own health and safety

• take reasonable care for the health and safety of others

• comply with any reasonable instructions, policies and procedure given by their employer, business or controller of the workplace.

• Participate in the consultative process

• Monitor and report

Other workers can include

• a trainee, apprentice or work experience student

• a volunteer

• an outworker

• a contractor or sub-contractor

• an employee of a contractor or sub-contractor

• an employee of a labour hire company.

While in the workplace, these other workers must follow the same expectations of a permanent worker.