The New Work Health and Safety Laws - Consultation

In summary:

• consultation is a critical element in the scheme of work health and safety;
• a person conducting a business or undertaking (PCBU) must ensure that there are adequate means of keeping workers informed about work health and safety matters.

This is the third in a series of articles about notable aspects of the new work health and safety laws which commences in most States and Territories on 1 January next year. The new laws represent a move towards a nationally consistent legal framework to secure the health and safety of workers and workplaces.

Consultation

Consultation requirements are a feature of traditional health and safety legislation and so it is not surprising that the new laws enshrine positive obligations upon persons conducting a business to consult with workers. Looking closely at the obligation, it is possible to derive the following checklist.

Checklist

1.   Share relevant information. It is expected of the PCBU that essential information will be conveyed to workers especially in circumstances where, for example, new methods, plant, machinery or processes are introduced. It would also extend to household matters such as the location of exits, emergency procedures and first aid equipment.

2.   Give workers a reasonable opportunity to express their views and to contribute to the decision making process. Many businesses already have established methods and procedures to satisfy this aspect through, for example, regular briefings, toolbox meetings and health and safety committees and representatives.

3.   Take account of the views of workers. The person conducting the business should not be indifferent to the views of workers but rather should take these views into account in the management of work health and safety.

4.   Advise workers of outcomes. Ideally the business will have some means by which workers can receive information about health and safety outcomes. This must be done in a timely manner. Newsletters, e-mails, intranet, tool box talks are some examples of the means to communicate with workers.


If you require further assistance, please contact Australian Business Lawyers & Advisors on 1300 565 846.