Document ID: chunk:federal_register_of_legislation:F2016L00408:body:0:p10
Version: federal_register_of_legislation:F2016L00408
Segment Type: other
Provision Reference: 
Character Range: 23747–26520

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.  For example, a problem with air temperature experienced on one level of an office block may not directly affect the work health and safety of workers on other levels. Only workers on the affected level need to be consulted about the matter.

3.6        Must consultation be documented?
Consultation with workers and with other duty holders does not have to be documented unless specifically required under the WHS Regulations. However, it is recommended that you keep records to demonstrate compliance with consultation requirements. Records of consultation may also assist the risk management process and make disputes less likely.
The records should include any outcomes of discussions. The records can be brief and simple, and cover:
    * who is involved
    * what the safety matter is
    * what decision has been made
    * who is to take action and by when
    * when the action has been completed.

     4.             HOW to consult with workers

Consultation with workers can be undertaken in various ways. It does not need to be a formal process and can be as simple as talking to them regularly and considering their views when making health and safety decisions.
Consultation can also be undertaken through health and safety representatives and health and safety committees. However, the WHS Act does not require the establishment of these consultation mechanisms, unless:

    * in relation to a health and safety representative – a request is made by a worker
    * in relation to a health and safety committee – a request is made by 5 or more workers or
      a health and safety representative.
You may establish any arrangements for consultation to suit your workers and workplace situations, including agreed consultation procedures, as long as those arrangements are consistent with the requirements of the WHS Act.

4.1        What kind of consultation is best for your workplace?
Consultation arrangements should take into account the size of the business, the way work is arranged and what suits your workers. Many workplaces will already have ways to consult on health and safety that suit their needs. These arrangements can continue if they are consistent with the requirements of the WHS Act and workers have been consulted about them.
To determine how best to consult, you should first discuss with your workers issues such as:
    * the duty to consult and the purpose of consultation
    * the range of work and associated health and safety issues at the workplace
    * the various ways for consultation to occur,