WHS Consultation needs to be able to take place at any time

Weekly WHS Article 5th May 2023

The Model WHS laws, in force since 2011, describe how a business may organize its workplace into work groups and then have representatives of each workgroup represent the workers in those work groups so the business can obtain everyone’s views and contributions on health and safety matters that the business needs feedback on. The PCBU has the duty to consult on WHS matters, as described in Sections 46-49 of the WHS Act 2011.

There are a few key takeaways from what the law says about WHS consultation:

• A consultation process between PCBU and workers is required every time a matter to do with the health and safety of the workplace needs to be addressed.

• It is the PCBU’s duty to consult the workers on WHS matters before making decisions on the matters. The business need not act on any or all recommendations gathered from the workforce about the matter, but it must be able to prove that consultation took place. Records of the consultation may act as evidence.

• In businesses where the workers are represented by Health and Safety Representatives, members of the leadership team (as representatives of the PCBU) must speak to the HSRs from every work group and coordinate with each to get feedback on the matter. HSRs need to cooperate with management requests and the people in their work groups need to give their views and share their experience and knowledge.

• The WHS Act states that every person must be able to give their views and suggestions if the health and safety matter may affect them in their job. Every person must be given that chance.

Incidents and emergencies

Health and Safety issues can happen at any time. There might be an incident or an emergency. Suddenly a new hazard or risk may need to be assessed. Production lines may need to be shut down and evacuations may need to occur. Therefore, consultation needs to be able to take place at any time. HSRs need to be there to have the required conversations with supervisors and managers. If the HSR is off site or off work on that day, then a deputy HSR must stand in.

WHS consultation is a two-way street

The health and safety management system is to be provided by the PCBU and the directors and CEOs manage it. They get their line managers and supervisors to ensure staff follow the rules. Cooperation, coordination and representation is a two-way street, and in a business where HSRs are trained and empowered to do their part in helping the business provide a safe and healthy work environment, you would expect a robust and strong WHS management system. Such is a win-win for everyone. Following the requirements of the WHS Act and WHS Regulation make this thoroughly achievable.

If you found this article useful or helpful and would like to share it, please feel free to do so.

4th May 2023

Copyright © 2023 Courtenell. All rights reserved.