WHS for Health and Safety Committees – NSW Edition
Lesson 1 – Topic 4: Consultation
Nature of Consultation
The WHS Act is very clear about what consultation means. Consultation requires:
(1) that relevant information about the matter is shared with workers, and
(2) that workers be given a reasonable opportunity:
(i) to express their views and to raise work health or safety issues in relation to the matter, and
(ii) to contribute to the decision-making process relating to the matter, and
(3) that the views of workers are taken into account by the person conducting the business or undertaking, and
(4) that the workers consulted are advised of the outcome of the consultation in a timely manner.
(5) If the workers are represented by a health and safety representative, the consultation must involve that representative
How to Consult
Consultation on WHS issues can take place through any one or a combination of the following:
1) Health & Safety Committee(s) and/or
2) Health & Safety Representatives (HSR)
(Note: Health and Safety Representatives must be elected positions).
3) Any arrangement that you agree upon with your workers.
An example of this would be meetings that have WHS on the agenda, toolbox talks, staff meetings, face to face talks & briefings.
When consultation is required
1) When identifying hazards and assessing risks,
2) When making decisions about ways to eliminate or minimize those risks,
3) When making decisions about the adequacy of facilities for the welfare of workers,
4) When proposing changes that may affect the health and safety of workers,
5) When making decisions about procedures for:
● consulting with workers or
● resolving WHS 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 undertaking or
● providing information and training for workers, or
6) When carrying out any other activity prescribed by the regulations for the purposes of consultation
What the WHS Act 2011 says about Health and Safety Committees:
Establishment of a Health and Safety Committee
PCBU may establish a committee on their own initiative, or must establish a committee within 2 months if:
• Five or more workers request a committee to be established, or
• A HSR requests a committee to be established, or
• If so required by the regulation (However, at this point, the regulation does not deal with Health and Safety Committees
Membership and Constitution
• At least half the members must be workers NOT nominated by a PCBU
• Either party can request an Inspector to decide on establishment & make-up of Committee, if agreement not reached
• Constitution to be agreed by PCBU and workers but must meet at least every 3 months
• HSRs can choose to be member of the Committee
• If 2 or more HSRs, they choose one or more to be members of Committee
Obligations on the PCBU regarding Health and Safety Committees
The PCBU must:
• Allow each member of the H&S Committee to spend such time as reasonably necessary to attend meetings or carry out
functions as a member of the Health and Safety Committee.
• Pay members of the committee their usual wages for time spent doing committee work or performing committee
functions
• Allow the Health and Safety Committee to have access to information relating to:
(a) hazards (including associated risks) at the workplace; and
(b) the health and safety of the workers at the workplace
