Document ID: chunk:federal_register_of_legislation:F2016L00408:body:0:p5
Version: federal_register_of_legislation:F2016L00408
Segment Type: other
Provision Reference: 
Character Range: 10557–13447

help address any gaps in managing health and safety risks that often occur when:
    * there is a lack of understanding of how the activities of each person may add to the hazards and risks to which others may be exposed
    * duty holders assume that someone else is taking care of the health and safety matter
    * the person who takes action is not the best person to do so.
The outcome of consulting, co-operating and co-ordinating activities with other duty holders is that you each understand how your activities may impact on health and safety and that the actions you each take to control risks are complementary.

     2.             WHEN TO CONSULT with workers

Many organisational decisions or actions have health and safety consequences for workers. For example, introducing new equipment into the workplace may affect the tasks your workers carry out, the timeframes for doing work, how they interact with each other and the environment in which they work.

The WHS Act identifies specific matters that trigger the requirement for consultation.

Section 49: A person conducting a business or undertaking must consult with workers when:
    * identifying hazards and assessing risks arising from the work carried out or to be carried out
    * making decisions about ways to eliminate or minimise those risks
    * making decisions about the adequacy of facilities for the welfare of workers
    * proposing changes that may affect the health or safety of your workers, and
    * making decisions about procedures for consulting with workers; resolving health or safety issues; monitoring health of your workers; monitoring the conditions at the workplace and providing information and training for your workers.
However, it may be useful to also consult workers about matters that are not listed above, for example when conducting investigations into incidents or 'near misses'.
Regular consultation is better than consulting on a case-by-case basis only as issues arise because it allows you to identify and fix potential problems early.

2.1        Managing risks
Consultation is required when identifying hazards, assessing risks and deciding on measures to control those risks.
In deciding how to control risks, you must consult with your workers who will be affected by this decision, either directly or through their health and safety representative. Their experience may help you identify hazards and choose practical and effective control measures.

Regularly walking around the workplace, talking to your workers and observing how things are done will also help you identify hazards. Conducting a survey of your workers can provide valuable information about work-related health issues such as workplace bullying, stress, as well as muscular aches and pains that can signal potential hazards.
Workers and their health and safety representatives may need access to