Top of Page

Consultation

Definition

The OHS&W Act is based on the principle of consultation between employers and employees. 

Employers must consult workers (including Health and Safety Representatives and Health and Safety Committees) over issues relating to workplace health and safety. 

Consultation involves the sharing of information and the exchange of views between employers and the persons or bodies (workers or health and safety committee) that must be consulted and the genuine opportunity for them to contribute effectively to any decision-making process to eliminate or control risks to health and safety.

 OHS&W Consolidated Regulations 1.3.1 (3), 1995

Consultation is the process that allows workers and management to participate in a genuinely co-operative and collaborative manner to address OHS&W issues at the workplace.

As well as being required by law, it is good business practice to set up systems that

  • encourage genuine exchanges of information, ideas and concerns

  • and allow for issues to be addressed in a timely and appropriate manner

Consultation Involves:

  • The employer or the employers’ designated representative

  • Workers carrying out the task at issue

  • Health & Safety Representatives

  • Health & Safety Committees, where they exist

  • The Union if requested by at least one union member

Consultation Requires:

  • Access to information

  • Time

  • Commitment on both sides

  • No disadvantage through involvement

  • Mutual respect

  • Willingness and opportunity to learn

  • Involvement at all stages of decision-making

Consultation should occur when:

  • identifying hazards and assessing risks;

  • developing control measures and reviewing the effectiveness of controls;

  • planning changes to the work environment, plant, equipment, work processes, work organisation, work systems or the chemicals in use.

The Consultative Process

For effective management of OH&S issues in the workplace Health and Safety Representative and fellow workers should consult with each other and with the employer. 

All parties may also consult with outside sources, such as Inspectors, Consultants, Unions, Government Agencies.

Consultation between Health and Safety Representative and/or workers and the employer may take several forms.

  • Ideally, there will be a routine hazard-reporting procedure

  • Otherwise, consult first with the line manager.

Note: This is the most effective stage to resolve issues.

To work well there must be genuine consultation and a commitment by all parties to work together to create a safe work environment.

This is not always possible, however, and the Act allows for this.

Further steps that can be taken, if needed, are.

  • The issue is referred a H&S Committee

  • More senior (or OHS) management is involved

  • Workplace Services Inspector is called in.

  • A Default Notice is issued.

  • The matter is referred to the Industrial Court

Issuing a Default Notice is a LAST RESORT.

An inspector is usually only called in when all possibilities at work have been exhausted, including making an official hazard report and attempting to negotiate with management. 

The Inspector is called in to resolve the dispute.

If you disagree with the decision of the inspector, you can lodge an appeal with the Industrial Court. It is recommended that at this point, at least, the union is involved.

Advice

Seek Advice at any time in the process – preferably earlier rather than later. 

It is a good idea to consult a Workplace Services inspector before issuing a Default Notice.

Consult with

Diagram of Process

 

Back to Top of Page