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1. INTRODUCTION
1.1 Who has duties in relation to consultation, co-operation and co-ordination?
Consulting with workers
Section 47: A person conducting a business or undertaking must consult, so far as is reasonably practicable, with workers who carry out work for the business or undertaking and who are (or are likely to be) directly affected by a health and safety matter
This duty to consult is based on the recognition that worker input and participation improves decision-making about health and safety matters and assists in reducing work-related injuries and disease.
The broad definition of a ‘worker’ under the WHS Act means that you must consult with your employees plus anyone else who carries out work for your business or undertaking. You must consult, so far as is reasonably practicable, with your contractors and sub-contractors and their employees, on-hire workers, volunteers and any other people who are working for you and who are directly affected by a health and safety matter.
Workers are entitled to take part in consultation arrangements and to be represented in relation to work health and safety by a health and safety representative who has been elected to represent their work group. If workers are represented by a health and safety representative, consultation must involve that representative.
Consulting, co-operating and co-ordinating activities with other duty holders
Section 46: If more than one person has a duty in relation to the same matter, each person with the duty must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other persons who have a duty in relation to the same matter
Persons conducting a business or undertaking will have health and safety duties if they:
• engage workers to undertake work for them, or if they direct or influence work carried out by workers
• may put other people at risk from the conduct of their business or undertaking
• manage or control the workplace or
1.1 Who has duties in relation to consultation, co-operation and co-ordination?
Consulting with workers
Section 47: A person conducting a business or undertaking must consult, so far as is reasonably practicable, with workers who carry out work for the business or undertaking and who are (or are likely to be) directly affected by a health and safety matter
This duty to consult is based on the recognition that worker input and participation improves decision-making about health and safety matters and assists in reducing work-related injuries and disease.
The broad definition of a ‘worker’ under the WHS Act means that you must consult with your employees plus anyone else who carries out work for your business or undertaking. You must consult, so far as is reasonably practicable, with your contractors and sub-contractors and their employees, on-hire workers, volunteers and any other people who are working for you and who are directly affected by a health and safety matter.
Workers are entitled to take part in consultation arrangements and to be represented in relation to work health and safety by a health and safety representative who has been elected to represent their work group. If workers are represented by a health and safety representative, consultation must involve that representative.
Consulting, co-operating and co-ordinating activities with other duty holders
Section 46: If more than one person has a duty in relation to the same matter, each person with the duty must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other persons who have a duty in relation to the same matter
Persons conducting a business or undertaking will have health and safety duties if they:
• engage workers to undertake work for them, or if they direct or influence work carried out by workers
• may put other people at risk from the conduct of their business or undertaking
• manage or control the workplace or