Document ID: chunk:federal_register_of_legislation:F2024L01380:reg:1:p5
Version: federal_register_of_legislation:F2024L01380
Segment Type: reg
Provision Reference: reg 1 (pt 5/8)
Character Range: 19155–22161

safety policies or procedures that have been notified to workers.

A person is a worker if the person carries out work in any capacity for a PCBU including work as an employee, a contractor or sub-contractor or their employees, a labour hire worker, an outworker, an apprentice or trainee, a work experience student, or a volunteer.

Other persons in the workplace

Other persons at the workplace, like visitors, must take reasonable care for their own psychological and physical health and safety and must take reasonable care not to adversely affect other people's health and safety. They must comply, so far as they are reasonably able, with reasonable instructions given by the PCBU to allow them to comply with the WHS Act and WHS Regulations.

For example, a customer in a customer service centre must not behave violently, nor abuse or harass staff. Other persons may be persons such as visitors, delivery people, customers, clients, patients and their families.

Other relevant duties

Other relevant duties under WHS laws are set out throughout this Code of Practice. See
C' onsulting workers', 'C onsulting, cooperating and coordinating activities with other duty
h olders', I' nformation, training, instruction and supervision', and 'Remote or isolated work'.

WHS laws do not operate in isolation and other laws may also apply. For example, industrial relations, criminal, anti-discrimination, privacy and workers' compensation laws.

1.3                         Consultation

Consulting workers

A PCBU 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 WHS matter.

If you and your workers have agreed procedures for consultation, it must be conducted in accordance with those procedures.

Effective consultation with workers improves decision-making about health and safety matters and assists in reducing work-related injuries and illness. Workers can identify tasks or aspects of their work that cause or expose them to psychosocial hazards and may have practical suggestions or potential solutions to address those hazards. For example, workers may have ideas to improve work design to minimise the risks of psychological harm.

The definition of 'worker' under the WHS Act is broad. In addition to employees, it includes anyone working for the business or undertaking, including contractors and their employees, labour-hire workers, outworkers, apprentices, trainees, work experience students and volunteers.

You must consult with workers when assessing risks or making decisions about the psychosocial risks to health and safety including what control measures are implemented.

Workers from diverse backgrounds may be exposed to different psychosocial hazards. You must consult with all workers, in particular workers with vulnerabilities, who are likely to be directly affected by particular psychosocial hazards. For example, women, young workers, those