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Consultation, Cooperation, and Coordination Overview

Why Consultation Matters​

Consultation is both a legal requirement and an essential part of managing health and safety risks.

A safe workplace is more easily achieved when everyone involved in the work:

  • Communicates to identify hazards and risks
  • Talks about health and safety concerns
  • Works together to find solutions

[!important] Legal Requirement PCBUs must consult with workers under section 47 of the WHS Act, and must consult, cooperate, and coordinate with other duty holders under section 46.

Benefits of Effective Consultation​

Better Decision-Making​

Workers have direct knowledge and experience of:

  • How work is actually performed (versus how procedures describe it)
  • Practical challenges and workarounds
  • Near-misses and close calls
  • What controls work and what don't

Construction Example: Scaffolders know which scaffold configurations are stable, where additional bracing is needed on particular sites, and how weather conditions affect safety. Their input improves scaffold design and erection procedures.

Greater Awareness and Commitment​

Workers who participate in health and safety decisions:

  • Better understand why controls are necessary
  • Are more likely to follow procedures they helped develop
  • Take ownership of safety outcomes
  • Identify improvements proactively

Positive Working Relationships​

Consultation builds:

  • Trust between management and workers
  • Cooperation across teams and trades
  • Understanding of different perspectives
  • Shared commitment to safety

Two Types of Duties​

1. Consultation with Workers​

PCBUs must consult with workers who:

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

This includes employees, contractors, subcontractors, labour hire workers, apprentices, trainees, and volunteers.

When consultation is required:

  • Identifying hazards and assessing risks
  • Deciding on control measures
  • Determining adequacy of welfare facilities
  • Proposing changes affecting health and safety
  • Developing consultation procedures
  • Resolving health and safety issues
  • Monitoring health and workplace conditions
  • Providing information and training

2. Cooperation and Coordination with Other Duty Holders​

PCBUs must consult, cooperate, and coordinate with other duty holders who have WHS duties for the same matter.

Why this matters:

  • Multiple PCBUs often share responsibility for the same workers or workplace
  • Without coordination, gaps and overlaps in controls occur
  • Duty holders may assume someone else is managing a risk
  • Activities of one PCBU can create or increase risks for others

Construction Example: At a construction site:

  • Principal contractor coordinates site access and manages overall site safety
  • Electrical subcontractor manages electrical work risks
  • Scaffolding company ensures scaffolding is safe
  • Crane hire company ensures crane is maintained and operated safely
  • All must coordinate to ensure, for example, that scaffolding doesn't interfere with crane operations and electrical work doesn't create hazards for workers on scaffolding

Who Has Consultation Duties?​

Persons Conducting a Business or Undertaking (PCBUs)​

PCBUs must:

  • Consult with their workers
  • Consult, cooperate, and coordinate with other PCBUs sharing WHS duties

Designers, Manufacturers, Importers, Suppliers​

Must consult during design, manufacture, and supply processes:

  • Manufacturers must consult with designers
  • Importers must consult with designers and manufacturers
  • Persons commissioning construction must consult with designers

Officers​

Officers must exercise due diligence to ensure:

  • The PCBU has appropriate consultation processes
  • Consultation processes are actually implemented
  • Workers and other duty holders are genuinely consulted

Workers​

Workers must:

  • Participate in consultation when requested
  • Cooperate with consultation procedures
  • Raise health and safety concerns
  • Contribute their knowledge and experience

What Makes Consultation Effective?​

Effective consultation requires four key elements:

1. Sharing Information​

PCBUs must provide workers with:

  • Information about hazards and risks
  • Technical information and safety data
  • Incident reports and investigation findings
  • Results of monitoring and inspections

Workers must share:

  • Their observations and experiences
  • Concerns about hazards and risks
  • Ideas for improvements
  • Feedback on effectiveness of controls

2. Reasonable Opportunity to Express Views​

Workers must have genuine opportunities to:

  • Express their views and concerns
  • Contribute ideas and solutions
  • Ask questions and seek clarification
  • Challenge proposed approaches

This requires:

  • Adequate time for consultation
  • Accessible forums or meetings
  • Language and format workers understand
  • Freedom to speak without fear of reprisal

3. Taking Views into Account​

Consultation is not genuine if workers' views are ignored.

PCBUs must:

  • Genuinely consider workers' input
  • Give proper weight to workers' experience
  • Incorporate practical suggestions where possible
  • Explain decisions if workers' suggestions are not adopted

4. Advising Outcomes of Consultation​

Workers must be informed about:

  • Decisions made following consultation
  • Reasons for decisions
  • How their input influenced decisions
  • Actions that will be taken

Construction Example - Scaffold Consultation:

  1. Information sharing: Principal contractor provides information about required scaffold configuration and loads
  2. Opportunity: Scaffolders are asked for input during planning meeting before erection begins
  3. Taking views into account: Scaffolders suggest additional ties for wind protection based on site exposure; this is incorporated into the scaffold plan
  4. Advising outcomes: Updated scaffold plan is distributed showing modifications based on scaffolders' input

Methods of Consultation​

Consultation can occur through various methods:

Direct Consultation​

  • Toolbox talks before starting work
  • Site meetings to discuss upcoming work and hazards
  • One-on-one discussions between supervisors and workers
  • Workplace inspections involving workers
  • Suggestion schemes allowing workers to submit ideas

Health and Safety Representatives (HSRs)​

Workers can elect HSRs to represent them in consultation.

HSRs have powers to:

  • Represent workers in consultations with the PCBU
  • Inspect the workplace
  • Access health and safety information
  • Accompany inspectors during workplace visits
  • Issue provisional improvement notices (with training)
  • Direct unsafe work to cease (in limited circumstances)

WHS Committees​

For larger workplaces or construction projects, WHS committees bring together:

  • Worker representatives (including HSRs)
  • Management representatives
  • Specialist advisors (WHS professionals, occupational hygienists, etc.)

Committees can:

  • Review incident trends
  • Discuss systemic issues
  • Develop WHS policies and procedures
  • Monitor implementation of controls

Consultation in Construction​

Construction presents unique consultation challenges:

  • Multiple PCBUs at one site
  • Changing workforce as trades come and go
  • Short project durations
  • High-risk work requiring close coordination

Principal Contractor Responsibilities​

Principal contractors must:

  • Document consultation arrangements in the WHS Management Plan
  • Establish site consultation processes (toolbox talks, site meetings)
  • Facilitate consultation between subcontractors
  • Ensure workers across all PCBUs can raise concerns

Construction Example - Daily Toolbox Talk: Each morning before work commences:

  • Discuss work planned for the day
  • Identify hazards for the day's work
  • Confirm control measures are in place
  • Allow workers to raise concerns
  • Confirm emergency procedures

Common Consultation Failures​

[!warning] Ineffective Consultation

  • Telling, not asking: Informing workers of decisions already made is not consultation
  • Token consultation: Going through the motions without genuinely considering input
  • Inadequate time: Rushing consultation prevents meaningful participation
  • Language barriers: Not providing information in languages workers understand
  • Fear of reprisal: Workers afraid to speak up won't provide honest feedback
  • Ignoring input: Consistently disregarding workers' views discourages participation

Documenting Consultation​

While not always legally required, documenting consultation is advisable:

Benefits of documentation:

  • Demonstrates compliance with consultation duties
  • Provides record of decisions and rationale
  • Allows tracking of actions arising from consultation
  • Shows workers their input was considered

What to document:

  • Who was consulted and when
  • What matters were discussed
  • What views workers expressed
  • What decisions were made
  • How workers' input influenced decisions
  • Actions to be taken and by whom

Consultation Throughout the Risk Management Process​

Consultation should occur at each step of risk management:

  1. Identifying Hazards: Workers identify hazards based on their experience
  2. Assessing Risks: Workers provide information about likelihood and consequences
  3. Controlling Risks: Workers suggest practical controls and identify barriers to implementation
  4. Reviewing Controls: Workers provide feedback on whether controls are working

Section Contents​

This section covers: