Consultation Methods and Mechanisms
How to Consult with Workers
Consultation can be undertaken in various ways depending on workplace size and complexity.
Range:
- Informal: Simple as talking directly to workers and considering their views
- Formal: Structured process through Health and Safety Representatives (HSRs) and WHS Committees
[!important] HSRs and Committees Not Mandatory WHS Act does not require establishment of HSRs or committees, unless requested by workers:
- HSR: Request made by one worker
- WHS Committee: Request made by five or more workers or one HSR
However, PCBU may choose to establish on own initiative.
If workers represented by HSR, any consultation must involve that representative.
Choosing the Right Consultation Method
What Kind of Consultation is Best?
Workplaces may need a mix of consultation arrangements to effectively consult different workers and suit different situations.
Consider:
- Size of business and structure
- How work is arranged and where workers located
- What suits your workers
- Complexity, frequency, and urgency of issues
Discuss with Workers:
- The duty to consult
- Purpose of consultation
- Range of work and associated health and safety issues (physical and psychosocial hazards)
- Various ways consultation can occur (including right to elect HSRs)
- Workers' ideas about most effective consultation methods
Develop Methods That:
- Meet duty to consult
- Effectively protect health and safety
- Ensure all affected workers can participate (shift workers, flexible workers, mobile workers, seasonal/temporary workers, workers with disability, diverse language/literacy needs, contractors)
- Integrate with how business manages health and safety
Direct Consultation Methods
Best for: Small businesses, simple issues, everyday communication
Regular Meetings and Briefings
Pre-start briefings (paid time):
- Raise health and safety matters
- Quick issues and updates
Regular team meetings:
- Ask workers and HSRs about concerns
- Discuss how problems could be solved
- Advise outcomes of consultation (decisions and reasons)
Weekly team meetings:
- Standing health and safety agenda item
- Suitable for small businesses where all workers can attend
Informal Communication
Walk the floor:
- Talk with workers about concerns or ideas
- Observe how work is done
Open-door policy:
- Workers can approach management on health and safety anytime
One-on-one discussions:
- Talk with workers who perform specific tasks during risk assessments
- Consultation when considering new equipment purchases
Toolbox Talks
Purpose: Discuss specific health and safety issues
When Used:
- High-risk work (confined space, working at heights)
- New hazards or procedures
- After incidents
- Task-specific training
Construction Example:
- Pre-start toolbox talk before demolition work
- Review SWMS
- Discuss hazards and controls
- Get worker feedback on practicality
Written Feedback
Surveys and feedback forms:
- Seek workers' views (including anonymously)
- Useful for sensitive issues (psychosocial hazards)
Email:
- Regular staff updates raising health and safety matters
- Seek feedback
Intranet/Noticeboards:
- Post health and safety information
- Seek comments
Suggestion box:
- Anonymous hazard reporting
- Safety improvement suggestions
[!example] Small Business Example Small café uses weekly morning briefings (paid time) for health and safety discussions. Owner also talks to workers during risk assessments and before purchasing equipment. Special paid meetings held for major decisions (e.g., replacing equipment, updating facilities).
Consultation for Specific Worker Types
Shift Workers and Non-Standard Hours
Methods:
- Stagger consultation times to include workers on different shifts
- Pre-start and de-brief meetings between shifts (pass on health and safety messages, raise issues)
- Allocate dedicated time for non-urgent health and safety issues
Remote Workers and Multi-Site Operations
Methods:
- Communication platforms for virtual meetings
- Pre-departure and on-return consultations
- Ensure HSRs accessible to all workers (across shifts and locations)
FIFO/DIDO Workers
Methods:
- Pre-start and de-brief meetings between swings
- Consultation includes accommodation and facility issues
- Consultation includes psychosocial hazards (extended periods away from home)
- Virtual meetings
- Pre-departure and on-return consultation
Culturally and Linguistically Diverse Workers
Methods:
- Culturally appropriate approaches
- Translation and interpretation services
- Invite bilingual workers to assist translation
- Simplified information with diagrams
[!example] Construction Example - Seasonal Workers Produce farm employs Korean-speaking seasonal harvest workers. Permanent leading hand (fluent in Korean and English) assists with translation. When seasonal worker raises body stiffness concern, owner and leading hand consult worker, then consult all workers at tea break (with bilingual assistance) about proposed job rotation solution. Trial implemented, reviewed after one week with worker input.
Formal Consultation Mechanisms
Health and Safety Representatives (HSRs)
When Appropriate:
- Large workplaces where not reasonably practicable to consult each worker directly
- More formal arrangement suits business structure or nature of work
- Anonymity encourages engagement (e.g., psychosocial hazards)
How HSRs Elected:
- Worker requests election of HSR
- PCBU and workers negotiate work groups (14 days)
- Elections held
- HSRs must be included in consultation affecting their work group
See: Health and Safety Representatives for detailed information.
WHS Committees
When Appropriate:
- Brings together workers and management
- Assists development and review of policies and procedures
- Suitable for larger organizations
How Committees Established:
- PCBU must establish within two months after request by five or more workers or one HSR
- PCBU may establish on own initiative
Composition:
- At least half members must be workers not nominated by management
- HSRs may choose to be members
See: WHS Committees for detailed information.
Mixed Consultation Approaches
Many workplaces use combination of methods for different workers and situations.
[!example] Mixed Approach Example Construction company has:
- Full-time workers: Structured consultation via HSRs and WHS committee
- Contractors/on-hire workers: Additional toolbox talks on specific tasks
- All workers: Daily pre-start briefings for immediate issues
- Unexpected matters: One-off meetings as needed
Agreed Consultation Procedures
Why Agree on Procedures?
WHS Act does not require agreed procedures, but doing so makes consultation more effective.
Benefits:
- Saves time and confusion
- Clarifies key responsibilities
- States when consultation necessary
- Provides consistency
Developing Agreed Procedures
Before procedures agreed: Must consult with affected workers (including HSRs) about proposed procedures.
Procedures must:
- Be consistent with WHS Act requirements
- Include information sharing
- Allow reasonable opportunity to express views
- Not remove HSR powers or committee functions
Effective Procedures Include:
- Matters requiring consultation
- Who will be consulted
- Ways consultation will occur (meetings, toolbox talks, HSRs)
- How information will be shared
- What opportunities provided to give views
- How consultation occurs for workers with disability, special language/literacy needs
- How feedback will be given
- Timeframes for reviewing procedures
Additional Support:
- Time for workers and HSRs to meet, consider information, discuss, form views
- Flexibility to respond to different circumstances (e.g., urgency)
Documentation Level
Small business: Informal agreed procedures understood by everyone (discussed and reinforced regularly)
Large workplace: Documented procedures appropriate
Review: Monitor and review procedures to ensure effectiveness.
Practical Construction Examples
Example 1: Small Agricultural Business
Consultation Methods:
- Weekly team meetings (Monday, all workers onsite)
- Direct observation and discussion of specific tasks
- Trial solutions with worker input
- Follow-up to verify effectiveness
Application: Worker raises safety concern about livestock loading. Owner observes task, encourages workers to share solutions. Worker suggests system from previous workplace. Owner agrees, implements, and checks effectiveness with workers.
Example 2: Large Construction Site (Principal Contractor)
Consultation Methods:
- HSRs for different work groups (carpentry, concrete, services trades)
- WHS Committee (monthly meetings, HSRs + management + subcontractor representatives)
- Daily pre-start briefings (toolbox talks)
- Weekly coordination meetings with subcontractors
- Intranet site for SWMS, safety alerts, incident reports
- Suggestion box near amenities
Application: New working-at-heights procedure developed. Draft procedure posted on intranet, HSRs consult work groups, feedback collected, discussed at WHS Committee meeting, final procedure communicated via toolbox talks and posted on intranet.
Example 3: FIFO Mining Construction Project
Consultation Methods:
- HSRs accessible across swings (day shift and night shift representatives)
- Pre-start briefings each swing
- De-brief meetings at end of swing (pass on issues to incoming swing)
- Virtual meetings for major consultations (all swings participate via video)
- Pre-departure briefings (before flying to site)
- On-return consultation (welfare, accommodation, psychosocial issues)
Application: Proposed change to camp facilities. Virtual meeting held across swings to present options and get feedback. Online survey allows anonymous input. HSRs compile feedback. Management presents decision and reasons via email and follow-up briefings.
When Unexpected Matters Arise
May not be time to plan consultation.
Consider:
- Can issue be addressed through regular communication channels?
- Need for one-off meeting?
Urgent response to immediate risk may limit consultation extent, but follow up with proper consultation afterward.
[!tip] Best Practice Proactive, regular consultation is better than consulting only as issues arise. Allows identification and fixing of potential problems early.
Sharing Consultation Arrangements
If multiple PCBUs share workplace or workers:
- Share consultation arrangements with other duty holders
- Ensure consistency and avoid gaps
Construction Example: Principal contractor includes consultation arrangements in WHS Management Plan. Subcontractors informed of HSRs, committee meeting schedule, and how to participate.
Reviewing Consultation Arrangements
Consultation arrangements should be reviewed to ensure they remain effective.
When to Review:
- Annually
- After workplace changes (new workers, new work types, restructuring)
- If consultation not working well (low engagement, issues not raised)
- After significant incidents
How to Review:
- Ask workers and HSRs if arrangements working
- Check participation levels
- Assess whether issues being identified and resolved
- Adjust methods as needed