Consultation, Representation, and Participation:
The Work Health and Safety Act 2011 mandates duty holders to engage in consultation, cooperation, and coordination with others sharing duties related to the same matters, including consulting workers involved in the business or undertaking.
Collaboration in these efforts involves the effective coordination of activities among Persons Conducting a Business or Undertaking (PCBUs), Work Health and Safety Officers (WHSOs), Health and Safety Representatives (HSRs), and Health and Safety Committees (HSCs).
Legislative amendments regarding WHSOs, HSRs, and HSCs came into effect from July 1, 2018. These amendments include:
- PCBUs providing Workplace Health and Safety Queensland with a list of HSRs and deputy HSRs for each work group.
- Mandatory training for HSRs within three months of their election, with refreshers at three-year intervals.
- PCBUs forwarding copies of all PINs issued by HSRs to the regulator.
- The ability for a PCBU to appoint a WHSO.
- The requirement for a PCBU to display a current list of WHSOs for the workplace.
- The appointment of a WHSO serving as evidence that a PCBU has taken action to mitigate health and safety risks.
Who to Consult:
Collaboration involves the PCBU and workers, ensuring that those directly impacted by health and safety matters have a reasonable opportunity to express views or raise issues. Consultation with workers is essential to:
- Provide relevant safety information.
- Address WHS matters.
- Obtain input on hazard identification, risk assessment, and decisions related to risk elimination.
- Make decisions about the adequacy of facilities.
- Discuss proposed changes affecting health and safety.
- Seek input on health and safety procedures.
If a Health and Safety Representative (HSR) is appointed, they must be included in the consultation.
Health and Safety Representatives:
All HSRs must undergo approved training within three months of their election. A PCBU must maintain an up-to-date list of HSRs and deputy HSRs, displayed in accessible locations and emailed to the regulator.
Guidance documents are available for both workers and employers regarding health and safety representatives.
Health and Safety Committees:
These committees promote cooperation between a PCBU and workers in establishing and implementing measures for health and safety at work. Committees must meet at least once every three months and upon request by at least half of the members.
Work Health and Safety Officers:
The Work Health and Safety and Other Legislation Amendment Act 2017, resulting from the Best Practice Review of Workplace Health and Safety Queensland, introduced changes related to Work Health and Safety Officers.
Consultation Among Business Operators:
Under the Work Health and Safety Act 2011, business operators are obligated to consult with other operators sharing the same duty in any given situation.
Sharing Responsibilities:
Section 16 of the WHS Act emphasizes that each person with a duty retains responsibility for their duties related to a specific matter. Additionally, Section 46 requires consultation, cooperation, and coordination among all persons with a duty regarding the same matter.
It is crucial to recognize that responsibilities cannot be transferred to others. Collaborative efforts and effective communication between PCBUs and other duty holders are essential to meet the primary duty of ensuring the health and safety of all workers and individuals involved in business or undertaking activities.
Issue Resolution Processes:
All business operators must develop an issue resolution process in consultation with workers. If no process is established, the new laws provide a default procedure that involves efforts to achieve resolution through agreed or default procedures.
Default Issue Resolution Process:
- Resolved issues must be documented and communicated to workers and Health and Safety Representatives (HSR).
- If unresolved, parties may seek assistance from any person to enter the workplace and help resolve the issue.
- If issues persist, either party may request the regulator to appoint an inspector to assist.
- For certain unresolved disputes, matters may be referred to the Queensland Industrial Relations Commission (QIRC) for resolution.
- The QIRC may use mediation, conciliation, or arbitration to settle disputes, review decisions made by inspectors, and decide whether to address disputes based on their merit.
For additional information, view the issue resolution fact sheet.
Resources
- Work health and safety consultation, co-operation and co-ordination Code of Practice 2021 (PDF, 0.49 MB)
- Worker Representation and Participation Guide (Safe Work Australia)
- Issue resolution fact sheet (PDF, 0.54 MB)