Your Views Matter

Workers at every workplace in Australia, irrespective of the nature and risk of the business, must be consulted as far as is reasonably practicable on Health and Safety matters that may affect them. This is a legal requirement, a duty of the PCBU under Section 47 of the Model WHS Act.

Business owners and company directors must ensure that the PCBU has proactive processes to ensure consultation takes place. To “consult” is “to seek information or advice from (someone, especially an expert or professional), have discussions with (someone), typically before undertaking a course of action”.

Section 48 of the WHS Act states:

48 Nature of consultation

(1) Consultation under this Division requires:

a) that relevant information about the matter is shared with workers, and

b) that workers be given a reasonable opportunity:

i. to express their views and to raise work health or safety issues in relation to the matter, and

ii. to contribute to the decision-making process relating to the matter, and

c) that the views of workers are taken into account by the person conducting the business or undertaking, and

d) that the workers consulted are advised of the outcome of the consultation in a timely manner.

It is recognised that a huge emphasis is placed in the law on considering the views of workers when it comes to tackling health and safety issues. The WHS Act places a duty on the business not to make decisions on the matters where workers are or are likely to be affected without first consulting.

While it is the health and safety concerns of the workplace as a whole that is the focus of a Health and Safety committee, under Section 77(c), and Sections 47(2) and 47(3) of the WHS Act, the committee can also be employed to help the business consult on specific WHS matters where “views of workers are taken into account” so they may "contribute to the decision-making process relating to the matter."

The valuable take away from this is, “Everybody’s views count.”

Workers are expected to contribute to discussions on Health and Safety matters and it is expected that management have these discussions before undertaking or finalising a course of action. This is simply what workplace consultation is…

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.

7th December 2023

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