Document ID: chunk:federal_register_of_legislation:F2016L00408:body:0:p9
Version: federal_register_of_legislation:F2016L00408
Segment Type: other
Provision Reference: 
Character Range: 21178–23970

you must include them in the discussions, with or without the involvement of workers directly.

3.3        Taking views into account
You must take the views of your workers and health and safety representatives into account before making a decision. Consultation does not require consensus or agreement but you must allow your workers to contribute to any health and safety decisions you make in your business.

3.4        Advising outcomes of consultation
You should agree to respond to concerns and questions raised by workers within a certain timeframe and offer feedback about any options they propose. You must inform your workers of your final decision or course of action as soon as possible. You should provide information to help them understand the reasons for your decision.

3.5        To what extent should you consult?
You must consult on health and safety matters so far as is reasonably practicable with workers who carry out work for you and who are (or are likely to be) directly affected. This includes consulting with your contractors and their workers and volunteers (if any) about health and safety decisions that directly affect them and which you influence or control.
Consultation that is 'reasonably practicable' is both possible and reasonable in the particular circumstances. What is reasonably practicable will depend on factors such as the:
    * size and structure of the business
    * nature of the work that is carried out
    * nature and severity of the particular hazard or risk
    * nature of the decision or action, including the urgency to make a decision or take action
    * availability of the relevant workers and any health and safety representatives
    * work arrangements, such as shift work and remote work
    * characteristics of the workers, including languages spoken and literacy levels.
The aim of consultation should be to ensure that you have sufficient information to make well-informed decisions and that the workers who may be affected are given a reasonable opportunity to provide their views and understand the reasons for the decisions.
You are not expected to do the impossible, but are required to take a proactive and sensible approach to consultation. For example, an urgent response to an immediate risk may necessarily limit the extent of consultation in some circumstances. It may also not be reasonably practicable to consult with workers who are on extended leave. However, it would be appropriate to ensure that these workers are kept informed about any matters that may affect their health and safety when they return to work.
It is not always necessary to consult with every worker in your workplace. The workers you
consult with will be those who are, or could be, directly affected by the health and safety matter.