Consulting with workersConsulting with workers

Consulting with workers

WHS Act section 47

Duty to consult workers

A PCBU must consult with workers and their health and safety representatives (HSRs), if any, at each step of the risk management process. 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. This includes when identifying and assessing the risk of sexual and gender-based harassment and making decisions about what control measures to implement to prevent it from occurring.

All consultation must include any HSRs representing your workers. References to consultation with workers in this Code includes consultation with any HSRs.

Workers may be aware of certain tasks or aspects of their work that place them at risk of sexual and gender-based harassment. Seeking this information from workers can be particularly important when identifying the risk of sexual and gender-based harassment that is subtle or hidden from view.

Workers and their representatives might also have suggestions for practical and effective control measures. For example, workers may have ideas to improve the design and layout of the workplace to minimise the risk of sexual and gender-based harassment. Workers can also help identify if control measures might introduce new hazards or risks to health and safety you may not be aware of.

Consider whether your existing consultation arrangements are appropriate for identifying, assessing and controlling psychosocial hazards, including sexual and gender-based harassment. You must consult with workers and their HSRs on any changes to agreed consultation arrangements.

You should consider whether your consultation mechanisms are accessible to all workers, particularly those who may be at greater risk of sexual and gender-based harassment, and whether you need additional consultation mechanisms to ensure workers have a range of ways they can choose to contribute their views and concerns. For example:

\- focus group discussions (e.g. with workers in specific roles or who undertake specific tasks that may place them at greater risk)
\- culturally safe consultation mechanisms to suit your workplace
\- translated materials to meet the language needs of workers and interpreters to support consultation
\- private and confidential individual discussions, and
\- anonymous worker surveys.

Workers may feel more comfortable sharing their views with their HSR, who can then represent the views of workers in their workgroup.

Any personal or confidential information provided during consultation should not be disclosed without the consent of the worker.

In addition to your consultation arrangements, you should establish a separate mechanism for workers to report sexual and gender-based harassment if it occurs. Further detail on reporting and investigation can be found in Chapter 7 of this Code.