Duty to Consult

Consultation is required 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 (Queensland Government, 2011). Workers know the tasks and conditions that cause problems, incidents, injuries and near misses, so drawing on their experience, knowledge and ideas makes hazards more likely to be found and control measures more likely to work (Workplace Health and Safety Queensland, 2021).

Consultation is needed at each step of the risk management process. Workers should be encouraged to report hazards and health and safety problems immediately, so that risks can be managed before an incident occurs.

Consultation is required when making decisions about the ways to eliminate or minimise those risks (Queensland Government, 2011). Workers who carry out the task often understand which controls will work in practice and which will not, so their input helps select control measures that are effective and are actually followed (Workplace Health and Safety Queensland, 2021).

Consultation does not mean telling workers about a decision after it has been made. Workers should be able to ask questions about health and safety, raise concerns and report problems, make safety recommendations and take part in the problem solving.

Consultation is required when making decisions about the adequacy of facilities for the welfare of workers (Queensland Government, 2011). Facilities are things provided for the welfare of workers, for example toilets, drinking water, washing facilities, eating facilities, change rooms, personal storage and first aid (Workplace Health and Safety Queensland, 2021).

Consult workers and any representatives on what facilities are needed, such as the number and location of toilets, taking into account the number and composition of the workforce, the type of work, the nature of the hazards, and the size and location of the workplace. The consultation should include access, cleaning and maintenance, and any change that affects the adequacy of facilities already provided.

Consultation is required when proposing changes that may affect the health or safety of workers (Queensland Government, 2011). Examples include changing work systems such as shift rosters, work procedures or the work environment, developing a new product or planning a new project, purchasing new or used equipment, using new substances, or restructuring the business (Workplace Health and Safety Queensland, 2021).

Consult as early as possible, while options are still open, so that workers views can shape the change rather than react to it after the decision is made.

Consultation is required when making decisions about the procedures for consulting with workers, resolving work health or safety issues at the workplace, monitoring the health of workers, monitoring the conditions at the workplace, and providing information and training for workers (Queensland Government, 2011).

These procedures should be in writing to give clarity and certainty at the workplace, should set out the role of health and safety representatives, and should be easily accessible, for example on noticeboards or an intranet (Workplace Health and Safety Queensland, 2021).

Consultation is required when carrying out any other activity prescribed under a regulation for this section (Queensland Government, 2011). The WHS Regulation sets out further specific consultation requirements beyond the matters listed in section 49, so the duty is not limited to those five matters (Workplace Health and Safety Queensland, 2021).

It is also good practice to consult workers about health and safety matters that are not on the list. Regular consultation is better than consulting only as issues arise, because it lets problems be identified and fixed early.