REFERENCE MATERIAL › OHS CONSULTATION

The requirements for consultation are introduced by object (d) of the Occupational Health and Safety Act 2000 (OHS Act 2000):

‘to provide for consultation and cooperation between employers and employees in achieving the objects of this Act.’

What you need to do
Consultation on Occupational Health and Safety matters is an ongoing process in any company, and in NSW is a legal requirement. Employers are required to consult with their employees to help identify hazards, assess risks and are consider their opinions about proposals for controlling those hazards and risks. Employees should be consulted about proposed changes in the workplace; physical changes, organizational changes and changes to jobs which affect or may affect their health and safety.

Consultation should also occur on occupational health and safety policies and procedures to help continuously improve management systems. Consultation should be integrated into the way the company is managed, it should not be a ‘once off’ or ‘stand alone’ process.

There should be structures, processes and procedures in your company to facilitate consultation.

Example of consultative framework
In NSW there are three options for consultation. Workplaces may choose to establish one or more of the following:

• Occupational health and safety (OHS) committee
• OHS representative
• Other agreed arrangements.

These options allow workplaces to develop systems and procedures tailored to their individual needs. The consultation arrangements should take into account the types of occupations, work locations and shifts worked within the organisation and there should be a mix of representation based on these workplace characteristics. Remember too that you need to consult with your employees about the consultation arrangements and review them regularly to ensure that they are being effective.

Further Information
More information about health and safety in your workplace

• Work Cover NSW 13 10 50
• Code of Practice
• National Occupational Health and Safety Commission 6279 1000
• Australian Chamber of Commerce and Industry 6273 2311
• The National Safety Council Australia (03) 9832 1555
• Standards Australia 1300 654 646
• Australasian Legal Information Institute

Xchanging provides clients with advice concerning appropriate OHS consultation arrangements.

Disclaimer: The information contained here is not intended to be comprehensive nor does it constitute legal advice. It contains only a summarized general overview of particular topics, and further professional advice or directives may still be required.