Participate in WHS consultative practices

Learner Guide

 Copyright, 2016 by North Coast TAFEnow

Date last saved: 28 September 2016 by Miller, Alexandra

Version: 1.0

# of Pages = 11

Coffs Harbour Business Section, North Coast TAFE Content writers and course advisors
TAFEnow Resource Development Team Instructional and graphic design

Copyright of this material is reserved to the Crown in the right of the State of New South Wales.
Reproduction or transmittal in whole, or in part, other than in accordance with the provisions of the Copyright Act, is
prohibited without written authority of North Coast TAFEnow.
Disclaimer: In compiling the information contained within, and accessed through, this document ("Information")
DET has used its best endeavours to ensure that the Information is correct and current at the time of publication but
takes no responsibility for any error, omission or defect therein. To the extent permitted by law, DET and its
employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or
consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any
negligent act or omission. If any law prohibits the exclusion of such liability, DET limits its liability to the extent
permitted by law, to the re-supply of the Information.
Third party sites/links disclaimer: This document may contain website contains links to third party sites. DET is not
responsible for the condition or the content of those sites as they are not under DET's control. The link(s) are
provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site(s) or
the products or services provided there. You access those sites and use their products and services solely at your
own risk.
2|P a g e
P ar tic ip ate i n WH S c onsul tati ve p racti ce s_ V1.d ocm
TAFEnow

Contents
Participate in WHS consultative practices.......................................................................................... 1
Workplace consultation arrangements .................................................................................................................... 1
Requirements to consult with workers ................................................................................................................ 2
Setting up consultation arrangements ................................................................................................................ 3
Health and safety committees (HSCs) ....................................................................................................................... 4
How is a health and safety committee established? ....................................................................................... 4
Who can be a health and safety committee member? .................................................................................. 4
Functions of a Health and Safety Committee.................................................................................................... 5
Health safety representatives (HSRs) .................................................................................................................... 5
Other agreed arrangements .................................................................................................................................... 6
Resolving Issues ............................................................................................................................................................ 6
Participating in WHS Consultative Processes ......................................................................................................... 7
Communicating Consultation Outcomes ................................................................................................................ 7

Participate in WHS consultative

practices
Workplace consultation arrangements
Organisations must establish and maintain participative arrangements to consult with
workers and their representatives in accordance with relevant WHS legislation. Consultation is
mandatory under the Work Health and Safety Act 2011 for PCBUs (person conducting a
business or undertaking).
Consultation provides an opportunity to share relevant information and participate in
meaningful discussion on work health and safety matters. Through participative
arrangements and consultation, issues can be raised and appropriately resolved. Using the
knowledge and experience of everyone helps to achieve safer and healthier workplaces as
well as better decision making.

1|P a g e
P ar tic ip ate i n WH S c onsul tati ve p racti ce s_ V1.d ocm
TAFEnow

Participative consultation should consider the:

>

geographical location of workers

>

nature of work performed

>

availability of workers

>

diversity of workers

WHS consultation should be a two-way process that includes:

>

worker feedback: identifying hazards and risks, making suggestions about controlling
risks and resolving issues

>

management information: ensuring workers, WHS committee members and others are
aware of policies, procedures, audits, hazards and reporting procedures

>

management follow-up: taking appropriate action based on worker feedback and

updating workers about such action

Effective workplace consultation:

>

considers workplace circumstances and culture

>

features senior management commitment to the process

>

provides capacity and resources to respond to suggestions

>

integrates with other communication systems in the organisation

Requirements to consult with workers

Meaningful consultation can lead to fewer workplace injuries and give everyone the
opportunity to:
>

discuss and share their health and safety concerns

>

identify safety hazards and risks

>

find and implement practical solutions

>

contribute to the decision making process

>

communicate outcomes in a timely manner

Consultation must take place on all work health and safety matters including:
>

undertaking risk management activities

>

proposing changes that may affect workers

2|P a g e
P ar tic ip ate i n WH S c onsul tati ve p racti ce s_ V1.d ocm
TAFEnow

>

making decisions about any work health and safety procedures

>

the adequacy of facilities for the welfare of workers

Where a PCBU has concurrent duties under the WHS Act with another PCBU, they must
consult, cooperate and coordinate with each other and their workers, so far as is reasonably
practicable.

Setting up consultation arrangements

The WHS Act allows some flexibility in establishing consultation arrangements to best suit the
consultation needs of the workers at the workplace. Health and safety representatives (HSRs)
can be elected or a health and safety committee (HSC) can be established to represent various
work groups and investigate health and safety issues.

REFERENCE

REFERENCE 1

Go to Safe Work Australia to access Work Health and Safety Consultation, Cooperation and
Coordination:
http://www.safeworkaustralia.gov.au/sites/swa/about/publications/pages/consultationcooperation-coordination-cop

3|P a g e
P ar tic ip ate i n WH S c onsul tati ve p racti ce s_ V1.d ocm
TAFEnow

Health and safety committees (HSCs)

The role of the HSC is to facilitate cooperation between the PCBU and workers on health and
safety matters as well as to develop work health and safety standards, rules and procedures.
Health and safety committees ensure that worker's views are heard on WHS matters. Under
the Model Work Health and Safety (WHS) Act a Health and Safety Committee brings together
workers and management to assist in the development and review of health and safety
policies and procedures for the workplace. The committee should meet regularly to identify
and resolve health and safety problems, and to develop and monitor safe systems. Special
meetings may need to be called to discuss significant proposed changes to processes or
operations, the purchase of new equipment, the occurrence of a dangerous incident or the
introduction of new legislation or codes of practices relevant to the industry.

How is a health and safety committee established?

A Health and Safety Representative (HSR) or five or more workers at a workplace may request
the creation of a Health and Safety Committee (HSC). The PCBU must establish the HSC within
two months of the request. A person conducting a business or undertaking may establish an
HSC at any time on their own initiative.
Health and Safety Committees will usually represent one workplace but HSCs may be
established for workers who carry out work at one or more locations or for those who do not
have a fixed place of work.

Who can be a health and safety committee member?

To ensure genuine worker representation, at least half of the members of a HSC must be
workers who are not nominated by the PCBU. If there is a HSR at the workplace, they may
choose to be a member.
The remaining membership is agreed to between the PCBU and the workers at the workplace.
If an agreement cannot be reached about the HSC in a reasonable time, either party can ask
the regulator to appoint an inspector to decide on the make-up of the health and safety
committee, or whether it should be established at all.

4|P a g e
P ar tic ip ate i n WH S c onsul tati ve p racti ce s_ V1.d ocm
TAFEnow

Functions of a Health and Safety Committee

A HSC must meet at least once every three months and at any other reasonable time at the
request of at least half of the HSC members. Other matters regarding the operation of the HSC
are for the members to determine.
The functions of an HSC are:
>

to facilitate cooperation between the PCBU and workers in instigating, developing and
carrying out measures designed to ensure the workers' health and safety at work, and

>

to assist in developing standards, rules and procedures relating to health and safety that
are to be followed or complied with at the workplace

>

any functions prescribed by regulations, and

>

any other functions agreed between the PCBU and the HSC

HSC members are entitled to:

>

spend reasonably necessary paid work time attending meetings and carrying out their
functions as committee members, and

>

have access to information that the PCBU has in relation to hazards, risk assessments and
the health and safety of workers at the workplace

The entitlement to access information in relation to health and safety of workers does not
extend to personal or medical information unless the worker consents. However, consent is
not required if the information does not identify the worker or could not reasonably be
expected to identify the worker.

Health safety representatives (HSRs)

An HSR carries out similar duties to an HSC, on behalf of a workgroup. All WHS issues that arise
at the workplace should be channelled through this person. The HSRs responsibility is to
represent the WHS concerns of workers to management. They must be informed of issues as
they arise and consulted to establish the most appropriate way of resolving the issue. An HSR
should be an elected worker member of a particular workgroup and should understand the
work tasks performed by the members of the group.

5|P a g e
P ar tic ip ate i n WH S c onsul tati ve p racti ce s_ V1.d ocm
TAFEnow

Other agreed arrangements

The legislation also allows other agreed arrangements to be set up provided the arrangement
is agreed to by the workers and is likely to result in better consultation and improved decision
making. Other agreed arrangements are flexible alternatives for establishing agreed
consultation arrangements that meet your business needs and improve decision making,
especially where there is no HSR or HSC.
Some workplaces may need a mix of HSRs, HSCs and / or other agreed consultation
arrangements tailored to suit the workers and the work environment. It may be more effective
and meaningful to have an alternative arrangement for consultation if workers travel
frequently or the business is small.
Other agreed arrangements for consultation on health and safety matters could be through:
>

regular scheduled meetings

>

team meetings (where work health and safety is always an agenda item)

>

one-off meetings

>

tool box talks

>

face to face discussions

>

briefing sessions

Though other agreed arrangements do not need to be in a formal process, they must be
planned and developed in consultation with workers.
All consultation arrangements must be consistent with your legal duties under the Work
Health and Safety Act 2011 (WHS Act).

Resolving Issues
An important aspect of WHS is to use participative arrangements and consultation with
workers (as per the WHS Act) to get involvement and commitment in working together to
resolve issues that have the potential to harm. PCBUs may also need to consult with external
bodies such as unions and government WHS representatives.

6|P a g e
P ar tic ip ate i n WH S c onsul tati ve p racti ce s_ V1.d ocm
TAFEnow

Participating in WHS Consultative Processes

If you are a member of a HSC you will need to attend and contribute to workplace health and
safety meetings, inspections or other consultative activities within the workplace. To
contribute to the development of consultative and participative WHS arrangements in the
workplace you will need knowledge of relevant WHS laws, policies and procedures.
Part of your role maybe to raise relevant WHS issues in meetings, record relevant aspects of
discussion and make recommendations for those involved in WHS in accordance with
workplace procedures. Also you may need to identify and record responsibilities of relevant
personnel in the consultation process using forms and writing reports. This may mean you will
be required to identify, record and address barriers to the successful functioning of WHS
consultative processes.
The HSC should obtain and provide information about WHS issues to the workers. Channels of
communication should be set up to communicate relevant issues to others in the organisation
whether it is using emails or meetings. It is also essential to follow-up outstanding issues from
meetings in a timely manner and to communicate outcomes to others.
It is important for a HSC to establish a systematic approach to managing WHS by using
systems and procedures to gather information and data on WHS issues. Other organisations
and WorkCover can be used to source information, tools and techniques about WHS issues
and hazards.

Communicating Consultation Outcomes

The consultation process could include the use of committees, representatives, and training
sessions to communicate outcomes. Documents used to inform workers of outcomes could
include newsletters, minutes, emails, letters, reports and other records of processes
undertaken to inform of hazards and control processes within the workplace.
Communications should be in an appropriate format for the audience and consider their:
>

access to the chosen communication method

>

availability to attend information sessions

>

language skills.

7|P a g e
P ar tic ip ate i n WH S c onsul tati ve p racti ce s_ V1.d ocm
TAFEnow