“We have a health and safety committee” does not mean “We have Consultation covered”

Weekly WHS Article 29th November 2022

Consultation on WHS matters is a mandatory requirement of every PCBU. Officers of the PCBU (business owners and company directors) must ensure that the business has procedures to do so and that they occur when required.

How to Consult with Workers

If the director cannot get out themselves and talk to people, their leadership team would be tasked to do so on behalf of the business. Consultation can be taken up in toolbox talks, staff meetings, or by email and phone correspondence. If this is not effective, the business might want to establish work groups for the purposes of WHS consultation and have Health & Safety Representatives represent the people in those work groups.

A health and safety committee can be an additional resource for management to communicate with staff and get feedback on WHS matters.

Section 48 of the WHS Act describes the nature of consultation. It says that a PCBU must:

• consult with workers who are, or who are likely to be, directly affected by a work health and safety matter,

• share relevant information with workers,

• give workers reasonable opportunity to express their views and to raise their work health and safety issues and to contribute to the decision-making process,

• take workers’ views into account,

• advise workers of the outcome of the consultation in a timely manner,

• involve the workers’ health and safety representative in the consultation.

Health and Safety Committee meetings

The purpose of a health and safety committee is to help the business develop company policies, procedures, rules, and standards for the workplace. [see Note 1 below] The committee provides feedback, suggestions, recommendations, and information for management to make decisions. Whether there is an HSC or not, these discussions must occur regardless. Decisions cannot be made without first consulting.

If a business has a health and safety committee (HSC) the committee must meet at least once every 3 months. That’s minimally once every 13 weeks. [see Note 2 below]

Section 49 of the WHS Act says:

“Consultation under this Division is required in relation to the following health and safety matters:

(a) when identifying hazards and assessing risks to health and safety arising from the work carried

out or to be carried out by the business or undertaking,

(b) when making decisions about ways to eliminate or minimise those risks,

(c) when making decisions about the adequacy of facilities for the welfare of workers,

(d) when proposing changes that may affect the health or safety of workers,

(e) when making decisions about the procedures for:

(i) consulting with workers, or

(ii) resolving work health or safety issues at the workplace, or

(iii) monitoring the health of workers, or

(iv) monitoring the conditions at any workplace under the management or control of the person conducting the business or undertaking, or

(v) providing information and training for workers, or

(f) when carrying out any other activity prescribed by the regulations for the purposes of this section.”

A health and safety committee doesn't replace other consultation systems or procedures. Consultation must be able to occur any day of the week, any time of the day. Management is not going to “wait until the next meeting” to consult staff on WHS matters that need to be dealt with now. That could be 3 months!

Every business must have a WHS management system. This is part of a PCBU's primary duty of care requirement. [Ref 3] A PCBU must be able to consult on health and safety matters when and as needed. That might be today, tomorrow, or might be right this very minute.

“We have a health and safety committee” does not mean “we’ve got consultation covered.”

For more information on WHS training or WHS compliance services, or if you would like help to make your WHS management system even more robust, please feel free to contact us at train@courtenell.com.au or phone us on 02 9552 2066.

Reference

Ref 1. WHS Act, Section 77 - Functions of committee

Ref 2. WHS Act Section 78 - Meetings of committee

Ref 3. WHS Act , Section 19 PCBU Primary Duty of Care.

29th November 2022 (Revised 15 June 2024)