Safety Matters with Dr Paul
Consultation on Health and Safety
The Person Conducting a Business or Undertaking (PCBU) is responsible under health and safety law for consulting with workers who are likely to be directly affected by a health and safety matter. Any health and safety representative of workers entitled to take part in consultation arrangements must be involved in the consultation. The task to consult may be delegated, but ultimately the PCBU holds this responsibility under the law.
Apart from consultation being a legal requirement, a safe workplace is more easily achieved when those involved in the work assist in identify hazards and risks, talking about any health and safety concerns and working together to find solutions.
The health and safety legislation has specific matters that require consultation. A PCBU must consult with workers when:
- identifying hazards and assessing risks arising from the work carried out or to be carried out
- making decisions about ways to eliminate or minimise those risks
- making decisions about the adequacy of facilities for the welfare of workers
- proposing changes that may affect the health or safety of your workers, and
- making decisions about procedures for consulting with workers; resolving health or safety issues; monitoring health of your workers; monitoring the conditions at the workplace and providing information and training for your workers.
Formal consultation arrangements can include health and safety representatives or a safety committee elected by the employees to represent their interests. Less formal means such as health and safety being an agenda item at a meeting, or a toolbox talk, may be more suitable for small organisations.
The essential elements, and legal requirements, of consultation include:
- Sharing information about the health and safety matter and providing adequate time to consider it
- Providing the reasonable opportunity to express views about the matter and being part of any problem-solving process
- The PCBU taking the views, suggestions and concerns into account before a final decision is made
The PCBU is ultimately responsible for making decisions about health and safety but involving workers after the decision is made is not consultation.
This article provides general information only and should not be a substitute for seeking professional advice regarding your specific situation. The references included provide additional supporting information.
