Document ID: chunk:federal_register_of_legislation:F2016L00408:body:0:p3
Version: federal_register_of_legislation:F2016L00408
Segment Type: other
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Character Range: 5326–8151

the word 'should' is used in this Code to indicate a recommended course of action, while 'may' is used to indicate an optional course of action.
This Code also includes various references to sections of the WHS Act and Regulations which set out the legal requirements. These references are not exhaustive. The words 'must', 'requires' or 'mandatory' indicate that a legal requirement exists and must be complied with.

    1.             INTRODUCTION

1.1        Who has duties in relation to consultation, co-operation and co-ordination?

Consulting with workers
Section 47: A person conducting a business or undertaking 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 health and safety matter

This duty to consult is based on the recognition that worker input and participation improves decision-making about health and safety matters and assists in reducing work-related injuries and disease.
The broad definition of a 'worker' under the WHS Act means that you must consult with your employees plus anyone else who carries out work for your business or undertaking. You must consult, so far as is reasonably practicable, with your contractors and sub-contractors and their employees, on-hire workers, volunteers and any other people who are working for you and who are directly affected by a health and safety matter.
Workers are entitled to take part in consultation arrangements and to be represented in relation to work health and safety by a health and safety representative who has been elected to represent their work group. If workers are represented by a health and safety representative, consultation must involve that representative.

Consulting, co-operating and co-ordinating activities with other duty holders
Section 46: If more than one person has a duty in relation to the same matter, each person with the duty must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other persons who have a duty in relation to the same matter
Persons conducting a business or undertaking will have health and safety duties if they:
    * engage workers to undertake work for them, or if they direct or influence work carried out by workers
    * may put other people at risk from the conduct of their business or undertaking
    * manage or control the workplace or fixtures, fittings or plant at the workplace
    * design, manufacture, import or supply plant, substances or structures for use at a workplace
    * install, construct or commission plant or structures at a workplace.
These duty holders' work activities may overlap and interact at particular times. When they share a duty, for example, a duty to protect the health and safety of a