Following on from last week’s reminder about employers’ legal obligations to consult with workers, WorkSafe ACT has highlighted a recent incident that underscores the serious risks of failing to do so.
See: Failure to consult results in worker injury – WorkSafe ACT
In this case, a worker sustained a back injury while manually handling heavy boxes during a last-minute office relocation. The PCBU (Person Conducting a Business or Undertaking) had not consulted the Health and Safety Representative (HSR) or the affected team. No risk assessment was undertaken, and no mechanical aids or trolleys were provided. As a result, an improvement notice was issued to the PCBU for breaching their duty to consult workers and manage risks.
WHS Legislation
Under the Work Health and Safety Act 2011 (ACT), employers, or Persons Conducting a Business or Undertaking (PCBUs), have a legal duty to consult with workers who may be directly affected by work health or safety matters. This consultation must be genuine and, as far as is reasonably practicable, involve sharing relevant information, giving workers the opportunity to express views and raise concerns, and allowing them to contribute to decision-making processes.
Importantly, their feedback must be taken into consideration, and they must be informed of the outcomes. If workers are represented by a Health and Safety Representative (HSR), that representative must be included in the consultation.
Members are reminded that they are legally obligated to consult in key situations, such as:
Failure to comply with your obligation to consult can result in legal penalties. Where agreed consultation procedures exist between employers and workers, these must be followed, provided they remain consistent with the broader legislative requirements.
Effective Consultation Tips
Effective consultation means keeping workers informed and involved about health and safety matters. Employers should clearly explain proposed changes, associated risks, and control measures during consultation. Employees must be encouraged to ask questions, raise concerns, and suggest improvements.
It is the employer’s responsibility to genuinely consider employee feedback, with decisions and their rationale communicated back timely and appropriately. Where Health and Safety Representatives (HSRs) or Committees (HSCs) exist, they should be included in the process.
Consultation Process
While it remains your legal responsibility as the PCBU to establish and maintain effective consultation on health and safety matters, creating a safe and healthy workplace is a collaborative effort. Managers play a crucial role in integrating consultation into daily operations, and employees should be encouraged to actively participate, voice concerns, and contribute to risk control solutions.
If this level of engagement isn’t occurring, it’s vital to foster a culture that values open communication. HSRs and HSCs can further strengthen consultation processes by representing work groups, investigating issues, identifying improvements, and serving as a bridge between workers and management.
You don’t need to manage this alone, effective consultation is built on shared responsibility across all levels of your business.
Need Help?
Without proper consultation, businesses may miss key opportunities to identify and manage risks, even well-known ones like from heavy lifting, which can lead to preventable injuries, compliance notices, penalties, or loss of trust among staff.
If you’re unsure how to approach consultation in your workplace, we’re here to help. The Master Builders ACT Workplace Relations Team can provide practical advice and resources to ensure your business meets its obligations under the Work Health and Safety Act.
📞 Phone: (02) 6175 5900
📧 Email: workplace@mba.org.au
