The Duty of Consultation
Consulting with Employees about any potential risk/hazard or major workplace change is fundamental to effective risk management. Section 47 of the Legislation states that you have a duty to consult with Employees, as far as is reasonable practicable for you to do so, in regards to workplace health and safety.
The act of "consultation" is defined as:
- Sharing "relevant information" with Employees;
- Providing them with a reasonable opportunity to express their views;
- Providing them with a reasonable opportunity to raise work health or safety issues;
- Providing them with a reasonable opportunity to contribute to the decision making process;
- Taking their views into account when making work health safety related decisions; and
- Informing them of the outcome of the consultation in a timely manner.
This will include training and inducting them and introducing them to their place of work.
Section 49 of the WHS Legislation states that you must consult with Employees 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;
- making decisions about ways to eliminate or minimise those risks;
- making decisions about the adequacy of facilities for the welfare of workers;
- proposing changes that may affect the health and safety of workers;
- making decisions about the procedures for:
- consulting with workers; or
-resolving work health and 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.
While it is a mandatory obligation, this duty is also beneficial to you as it provides you with first-hand knowledge from those working with and/or exposed to the hazards in the workplace. They can identify risks and hazards and play a role in helping to reduce and/or eliminate those risks and hazards.