Elements of Effective Consultation
What Makes Consultation Effective
Consultation is a two-way process between PCBU and workers where you:
- Talk to each other about health and safety matters
- Listen to concerns and raise concerns
- Seek and share views and information
- Consider what workers say before making decisions
[!important] Legal Requirements (WHS Act s.48) Consultation requires that:
- Relevant WHS information is shared with workers
- Workers given reasonable opportunity to express views and raise issues
- Workers given reasonable opportunity to contribute to decision-making
- Workers' views are taken into account
- Workers advised of outcomes in timely manner
- If workers represented by HSR, consultation must include that representative
Four Core Elements
1. Sharing Information
You must share relevant information about matters affecting worker health and safety.
What to Share:
- Health and safety policies and procedures
- Technical guidance about hazards, risks, and controls
- Hazard reports and risk assessments
- Proposed changes to workplace, systems, plant, substances
- Data on incidents, illnesses, injuries (protecting confidentiality)
How to Share:
- Provide information early (time to consider, discuss, provide feedback)
- Make information easily understood (consider literacy, language diversity)
- Use multiple methods: face-to-face (most effective), phone/video, email, intranet, noticeboards
- Simplify complex information using diagrams
Special Considerations:
- Young workers and those with limited English may be less likely to speak up
- Provide interpreters, worker representatives, or HSRs to help
- Update information regularly and draw attention to new material
[!tip] Construction Example Before purchasing new scaffolding system, PCBU shares manufacturer specifications, technical data sheets, and photos with scaffolding crew and HSR. Information provided in English and Vietnamese (two languages spoken by crew). Toolbox talk scheduled for paid time to discuss and get feedback.
2. Providing Reasonable Opportunity to Express Views
Workers must be given reasonable opportunity to express views, raise issues, and contribute to decisions.
How to Provide Opportunity:
- Suitable time during work hours for consultation (paid time)
- Regular workplace meetings with health and safety agenda item
- Different feedback methods (email, intranet page, suggestion box, face-to-face)
- Include HSRs in discussions (with or without direct worker involvement)
Timeframe Depends On:
- Complexity of health and safety matter
- Number of people being consulted
- Accessibility of workers (shift work, remote sites)
- Methods of consultation
Examples:
- Simple issue (few workers): Few hours or days through regular communication
- Complex technical matter or large workforce: More time required
[!example] Construction Site Consultation Formwork crew raises concern about stability of new formwork system. Supervisor schedules immediate toolbox talk (30 minutes, paid time) for crew to discuss concerns. Complex technical issue requires follow-up meeting with engineer and HSR after crew has time to review engineering drawings (2 days). Final meeting to discuss solution held before implementation.
3. Taking Views into Account
You must consider workers' views before making decision.
Key Points:
- Consultation does not require consensus or agreement
- Workers must be allowed to contribute to decisions
- Agree to respond within timeframe to concerns and questions
- Offer feedback about options workers propose
While agreement not required, it should be the objective (makes decisions more effective and actively supported).
[!warning] What Consultation is NOT Consultation does NOT mean telling workers about a decision after it has been taken.
Workers Should Be Encouraged To:
- Ask questions about health and safety
- Raise concerns and report problems
- Make safety recommendations
- Be part of problem-solving process
4. Advising Outcomes of Consultation
You must inform workers of final decision or action as soon as possible.
What to Communicate:
- The decision made
- Reasons for the decision
- Who will take action
- When action will be completed
Why This Matters:
- Workers understand why their input was (or was not) adopted
- Transparency builds trust
- Demonstrates views were genuinely considered
- Maintains engagement in future consultation
[!example] Construction Example After consulting workers about site amenities upgrade (toilets, lunchroom), PCBU decides to prioritize additional toilets and delay lunchroom expansion due to budget. Email sent to all workers and HSR explaining decision, budget constraints, and commitment to lunchroom upgrade in next financial year. Workers appreciate transparency even though preferred option delayed.
Extent of Consultation ("Reasonably Practicable")
Consult "so far as is reasonably practicable" with workers who carry out work for you and who are (or likely to be) directly affected.
What is Reasonably Practicable? What is objectively possible and reasonable in particular circumstances.
Factors:
- Size and structure of business
- Nature of work carried out
- Nature and severity of hazard or risk
- Nature of decision (urgency?)
- Availability of workers and HSRs
- Work arrangements (shift work, remote work)
- Worker characteristics (languages, literacy)
Limitations:
- Not expected to consult if not possible in circumstances
- Urgent response to immediate risk may limit consultation extent
- Not reasonably practicable to consult workers on extended leave (but inform them when they return)
Targeted Consultation: Not always necessary to consult every worker. Consult those who are (or could be) directly affected.
Examples:
- Air temperature problem on one office level → consult only workers on that level
- One section handles distressing material → consult only those workers (and HSR), not whole workforce
[!example] Construction Example Excavator operator reports hydraulic leak. Immediate risk requires supervisor to isolate excavator and cordon area without full consultation process. However, supervisor immediately informs HSR, schedules repair, and holds toolbox talk with excavation crew later that day to discuss incident, controls, and maintenance schedule going forward.
Documentation
Consultation does not have to be documented unless specifically required by WHS Regulations.
However, it is good practice to keep records to:
- Demonstrate compliance
- Assist risk management process
- Make disputes less likely
What to Record:
- What the safety matter is
- Who was affected (or likely affected)
- Who was involved in consultations
- Key issues consultation identified
- What decision was made
- Why decision was made
- Who is to take action and by when
- When action was completed
Records can be brief and simple. If HSR committee established, committee should decide on record-keeping method.
Management Commitment and Communication
Effective consultation requires:
Management Commitment:
- Open communication between managers and workers
- Actively seek workers' knowledge and ideas
- Take health and safety concerns seriously
Workers More Likely to Engage When:
- Knowledge and ideas actively sought
- Concerns taken seriously
- Views genuinely considered
- Outcomes communicated
Encouragement: Workers should be encouraged to ask questions, raise concerns, report problems, make recommendations, and be part of problem-solving.
Practical Construction Examples
Example 1: Small Café (Direct Consultation)
Approach:
- Weekly team meetings (morning briefings, paid time)
- Discussions during risk assessments
- Consultation before purchasing equipment
- Special meetings for major decisions (paid time before opening)
Scenario: Replacing old bain-marie. Owner paid workers to attend meeting, presented options, sought views, made decision based on worker feedback.
Example 2: Agricultural Business (Mixed Consultation)
Approach:
- Weekly team meetings when all workers onsite (Monday)
- Issue-specific discussions (observation + feedback)
- Trial solutions
- Follow-up to check effectiveness
Scenario: Worker raised body stiffness concerns during harvest. Owner and leading hand consulted worker, proposed job rotation solution, consulted all workers at tea break (with bilingual assistance), trialed new schedule, reviewed after one week. Worker concerns addressed, and owner conducted hazardous manual tasks risk assessment with workers.
Example 3: Large IT Company (Structured Consultation)
Approach:
- Health and safety committee identifies major changes
- Virtual meetings with affected teams
- Online surveys for feedback
- Follow-up meetings to explain outcomes
Scenario: New client management system. HSC identified stress hazards (job demands, role clarity). Customer engagement team consulted via virtual meeting, identified additional issues (customer aggression risk). Online survey for feedback. HSC met to discuss solutions. Follow-up meeting with workers and HSRs to explain proposed solutions and training plan.