Health and Safety Committee Refresher Course
Topic 5: Consultation
Nature of Consultation
The Safety Acts are very clear about consultation. Consultation requires:
- that relevant information about the matter is shared with workers, and
- that workers be given a reasonable opportunity:
– to express their views and to raise work health or safety issues in relation to the matter, and
– to contribute to the decision-making process relating to the matter, and
- that the views of workers are taken into account by the person conducting the business or undertaking, and
- that the workers consulted are advised of the outcome of the consultation in a timely manner.
- if the workers are represented by a health and safety representative (HSR), the consultation must involve that representative
So, although reaching an agreement from consultation is preferable, it is not a requirement. Safety management is not a democratic process. Businesses are not democracies either. If they were, I think we would all be out of business by now.
However, it is the job of management to make decisions but those decisions should be informed decisions. Consultation with workers is a critical source of that information..
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 OHS/WHS on the agenda, toolbox talks, staff meetings, face to face talks & briefings.
When consultation is required
Consultation is required before decisions are made that can potentially affect Worker safety including:
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 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 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.
Establishment of a Health and Safety Committee
PCBU/Employer 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 (this does not apply in Victoria), or
• A HSR requests a committee to be established, or
• If so required by the regulation
Membership and Constitution
- At least half the members must be workers NOT nominated by a PCBU
- Management representatives should be persons with sufficient decision making authority on the issues raised.
- Either party can request an Inspector to decide on establishment & make-up of Committee, if agreement not reached
- Constitution may be agreed on by PCBU/Employer and workers but the committee 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/Employer obligations include:
- 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 - Not allow committee members to have access to personal or medical information without the workers’ consent unless the information does not identify the worker or could reasonable expected to lead to the identification of the worker.
