Consulting workersConsulting workers

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Consulting workers

A PCBU must consult, so far as is reasonably practicable, with workers who carry out work for the business or undertaking and who are (or are likely to be) directly affected by a WHS matter.

If you and your workers have agreed procedures for consultation, it must be conducted in accordance with those procedures.

Effective consultation with workers improves decision-making about health and safety matters and assists in reducing work-related injuries and illness. Workers can identify tasks or aspects of their work that cause or expose them to psychosocial hazards and may have practical suggestions or potential solutions to address those hazards. For example, workers may have ideas to improve work design to minimise the risks of psychological harm.

The definition of ‘worker’ under the WHS Act is broad. In addition to employees, it includes anyone working for the business or undertaking, including contractors and their employees, labour-hire workers, outworkers, apprentices, trainees, work experience students and volunteers.

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You must consult with workers when assessing risks or making decisions about the psychosocial risks to health and safety including what control measures are implemented.

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Workers from diverse backgrounds may be exposed to different psychosocial hazards. You must consult with all workers, in particular workers with vulnerabilities, who are likely to be directly affected by particular psychosocial hazards. For example, women, young workers, those from culturally and linguistically diverse (CALD) backgrounds, Aboriginal and Torres Strait Islander workers, LGBTQI workers and workers with disability are more likely to experience workplace sexual harassment and should be provided with the opportunity to participate in these consultations (which may take different forms), along with all workers who are likely to be directly affected.

All consultation must include any Health and Safety Representatives (HSRs) representing your workers. A HSR is a worker who has been elected by a work group under the WHS Act to represent them on health and safety issues. References to consultation with workers in this Code includes consultation with any HSRs.

You must provide workers with a reasonable opportunity to raise psychosocial health and safety issues, express their views and contribute to decision-making. You must consider whether existing consultation arrangements are appropriate for psychosocial risks. You must consult with workers and their representatives on implementing new consultation arrangements if required.