Document ID: chunk:federal_register_of_legislation:F2016L00423:body:0:p10
Version: federal_register_of_legislation:F2016L00423
Segment Type: other
Provision Reference: 
Character Range: 25859–28673

and Safety Risks.

Consulting your workers

Section 47 The WHS Act requires the person conducting a business or undertaking to consult,
so far as is reasonably practicable, with workers who carry out work who are (or are likely to be) directly affected by a work health and safety matter.
Section 48 If the workers are represented by a health and safety representative, the consultation must involve that representative.
Consultation with workers and their health and safety representatives is a critical part of managing work health and safety risks.
Consulting with and involving workers in the identification and safe handling of asbestos can assist in ensuring that safety instructions and safe work practices are complied with.
Health and safety representatives must have access to relevant information on matters that can affect the health and safety of workers, for example asbestos exposure data and the asbestos register.

Consulting, cooperating and coordinating activities with other duty holders
Section 46 The WHS Act requires that persons conducting a business or undertaking consult, cooperate and coordinate activities with all other persons who have a work health or safety duty
in relation to the same matter, so far as is reasonably practicable.
Sometimes there may be other businesses that are involved in the same activities or share the same workplace. For example:
The owner of an arcade is renovating one of the shops for a new tenant to move into. The building owner has engaged a number of contractors to carry out the renovation work including demolishing a wall. The building owner has management and control over the workplace and is responsible for ensuring the current asbestos register is updated due to the work that is being carried out. The building owner consults other tenants that may be impacted by the renovation work on the identification of asbestos and what will need to be done if asbestos is disturbed. As the work begins, the building owner, contractors and tenants all co-operate with each other and co-ordinate their activities to protect any persons from potential exposure to asbestos.
Further guidance on consultation is available in the Code of Practice: Work Health and Safety Consultation, Cooperation and Coordination.

2.2         Identifying if asbestos or ACM is at the workplace
This section does not apply to naturally occurring asbestos (NOA).
Regulation 422 A person with management or control of a workplace must ensure asbestos
or ACM at the workplace is identified by a competent person.
Identifying asbestos or ACM is the first step in managing the risk of exposure to asbestos in the workplace. As there may be more than one person in the workplace responsible for this duty, it is important that all duty holders consult, cooperate and coordinate