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Consultation with Workers

Under section 47 of the WHS Act, a PCBU must consult, so far as is reasonably practicable, with workers who:

  • Carry out work for the business or undertaking, and
  • Are (or are likely to be) directly affected by a health and safety matter

Who Must Be Consulted?​

The broad definition of "worker" means PCBUs must consult with:

  • Employees (permanent, part-time, casual)
  • Contractors and subcontractors
  • Labour hire workers
  • Apprentices and trainees
  • Work experience students
  • Volunteers
  • Anyone else carrying out work for the PCBU

Construction Example: A principal contractor must consult with:

  • Its own employees (project managers, supervisors, labourers)
  • Subcontractors and their workers (electricians, plumbers, carpenters)
  • Labour hire workers supplied to the site
  • Apprentices working on site
  • Anyone else working on the project who is affected by health and safety matters

When Consultation is Required​

PCBUs must consult when:

1. Identifying Hazards and Assessing Risks​

Workers' experience helps identify hazards that may not be obvious from documentation or external observation.

Construction Example: Before excavation work, consult with excavator operators and workers about:

  • Underground services they've encountered on previous projects
  • Soil conditions and stability concerns
  • Access and egress challenges
  • Proximity to existing structures

2. Making Decisions About Control Measures​

Workers can suggest practical controls and identify barriers to implementation.

Construction Example: When planning fall protection for roof work, consult workers about:

  • Which systems work best for the specific roof design
  • Anchor point locations that allow practical work
  • PPE that provides protection without preventing work tasks
  • Sequence of work to minimize time at heights

3. Deciding on Adequacy of Welfare Facilities​

Consider workers' needs for toilets, drinking water, washing facilities, eating areas, change rooms, and first aid.

Construction Example: Consult about:

  • Number and location of toilets for workforce size
  • Drinking water access in hot weather
  • Shelter for meal breaks
  • First aid facilities and trained personnel
  • Storage for workers' belongings

4. Proposing Changes Affecting Health and Safety​

Any change to work processes, equipment, or workplace may affect health and safety.

Construction Example - Equipment Change: Before introducing new concrete cutting equipment:

  • Consult about training needs
  • Discuss dust control systems
  • Identify any concerns about noise or vibration
  • Plan for safe storage and maintenance

5. Developing Consultation Procedures​

Workers should have input into how consultation occurs.

Construction Example: Consult about:

  • Best time for toolbox talks (start of shift, after breaks)
  • Frequency of site safety meetings
  • Process for raising safety concerns
  • Whether to elect Health and Safety Representatives

6. Resolving Health and Safety Issues​

When issues arise, consult to find effective solutions.

Construction Example - Noise Issue: Workers report excessive noise from cutting operations:

  • Consult about source and timing of noise
  • Discuss potential controls (schedule, barriers, equipment changes)
  • Seek workers' ideas for practical solutions
  • Agree on controls to implement

7. Monitoring Health and Workplace Conditions​

When monitoring is required (air quality, noise, health surveillance), consult about:

  • What will be monitored and why
  • How monitoring will be conducted
  • Who will see the results
  • What actions will follow from results

8. Providing Information and Training​

Consult to ensure information and training meet workers' needs and address actual hazards.

Construction Example: Before formwork training:

  • Ask workers about previous experience
  • Identify knowledge gaps
  • Discuss specific systems to be used on project
  • Ensure training addresses actual site conditions

What Effective Consultation Looks Like​

See Elements of Effective Consultation for detailed guidance.

The four essential elements:

  1. Share information - Both ways between PCBU and workers
  2. Provide reasonable opportunity - Time and forums for workers to express views
  3. Take views into account - Genuinely consider workers' input
  4. Advise outcomes - Tell workers what was decided and why

Methods of Consultation​

See Consultation Methods for detailed approaches.

Common methods:

  • Toolbox talks - Daily or regular discussions before work
  • Safety meetings - Scheduled meetings to discuss WHS matters
  • Workplace inspections - Walk-throughs with worker participation
  • Health and Safety Representatives - Elected worker representatives
  • WHS Committees - Formal committees with worker and management representatives
  • Suggestion schemes - Systems for workers to submit ideas
  • One-on-one discussions - Individual conversations with supervisors

Right to Representation​

Workers are entitled to:

  • Participate directly in consultation, or
  • Be represented by a Health and Safety Representative (HSR) elected to represent their work group

PCBUs must consult with HSRs on behalf of workers they represent.

Construction Example: Workers on a large construction site elect HSRs for each trade or area:

  • Formwork and concrete HSR
  • Steel fixing HSR
  • Scaffolding HSR
  • General construction HSR

Principal contractor consults with these HSRs on matters affecting their respective work groups.

Timing of Consultation​

Consultation must occur early enough to genuinely influence decisions.

[!warning] Consultation is Not Notification Telling workers about a decision already made is not consultation. Workers must have opportunity to provide input before decisions are finalized.

Construction Example - Poor Consultation: ❌ "We've decided to use System A scaffolding. Here's how it works." (This is notification, not consultation)

Construction Example - Proper Consultation: ✓ "We're planning scaffolding for the project. What are your experiences with different scaffold systems? What works well? What should we avoid?" (This allows genuine input before decisions are made)

Language and Communication​

Information must be provided in a way workers can understand:

  • Use plain language, not technical jargon (unless workers are familiar with technical terms)
  • Provide information in languages workers speak
  • Use visual aids, diagrams, and demonstrations where helpful
  • Check understanding, don't just assume workers understand

Construction Example - Multilingual Workforce: On a site with workers speaking English, Mandarin, and Arabic:

  • Provide toolbox talk content in all three languages
  • Use visual diagrams showing hazards and controls
  • Have multilingual supervisors or interpreters available
  • Confirm understanding by asking workers to explain back

Barriers to Effective Consultation​

Common barriers include:

Time pressure:

  • "We don't have time to consult, work must start now"
  • Solution: Build consultation time into project planning; early consultation saves time later

Language differences:

  • Workers don't understand English-only information
  • Solution: Provide multilingual materials and interpreters

Fear of reprisal:

  • Workers afraid to speak up about concerns
  • Solution: Create safe environment; act on concerns raised; never punish workers for raising safety issues

Hierarchical culture:

  • Workers defer to management and don't challenge decisions
  • Solution: Actively seek workers' input; demonstrate that input influences decisions; recognize and act on suggestions

Shift work or dispersed workforce:

  • Hard to get everyone together
  • Solution: Multiple consultation sessions; use technology (video calls, messaging); consult HSRs representing work groups

Documentation​

While not always legally required, documenting consultation demonstrates compliance and creates accountability.

Consider documenting:

  • Date and participants in consultation
  • Matter discussed
  • Views expressed by workers
  • Decisions made
  • Rationale for decisions
  • Actions arising and responsibilities

Construction Example - Toolbox Talk Record:

Date: [Date]
Project: [Project name]
Attendees: [Names or number of workers]
Topics discussed:
- Excavation work commencing tomorrow
- Underground services located and marked
- Shoring system to be installed
Worker input:
- Concerns about water table in wet weather
- Request for additional lighting in excavation
- Suggestion to install ladder access at north end
Decisions:
- Dewatering pump to be on standby
- Lighting to be installed before entry
- Ladder access to be installed as suggested
Actions:
- [Name] to arrange pump (by tomorrow 7am)
- [Name] to install lighting (today)
- [Name] to modify shoring plan for ladder access