The best systems are developed by a business in conjunction with workers. Involve your workers in health and safety matters to achieve a safer workplace. Seek views on hazards, risks and solutions from the people who understand and do the work.

When to consult

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. Workers must 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.

You also need to consult, cooperate and coordinate activities with other individuals and organisations – and any health and safety representatives or committees – who have a duty in relation to the same matter.

Remember, consultation must be regular and ongoing.

Types of consultation

Some workplaces have regular meetings of all staff, sometimes called ‘toolbox talks’, others establish health and safety committees (HSCs) or elect health and safety representatives (HSRs) to consult and represent safety concerns to management. It is important to establish an arrangement that best suits the needs of your workers.

When you consult, you must:

Share information
Give workers and HSRs information in relation to health and safety matters that could affect them. Allow appropriate time for consideration, discussion and response.

Provide the information in an easy to understand format and consider any accessibility or additional needs of workers, including workers from a Culturally and Linguistically Diverse (CALD) background.

Give workers the opportunity to express their views and opinions
Give workers and HSRs the opportunity to share their views about health and safety matters. Encourage workers to ask questions, raise concerns and contribute solutions or ideas.

Take workers views into account and give consideration
Consider the views of workers. Provide information on what you considered in the decision-making process and why or how a decision was made.

Provide an outcome to workers
Advise workers of the outcome of the consultation in a timely manner.

More information

For the specific laws about PCBU obligatons, see sections 70 – 74 of the Work Health and Safety Act 2011.

There are also general work health and safety laws that will apply to you in any situation, including when supporting HSRs.