Document ID: chunk:federal_register_of_legislation:F2016L00408:body:0:p11
Version: federal_register_of_legislation:F2016L00408
Segment Type: other
Provision Reference: 
Character Range: 26284–29214

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, including your workers' right to elect health and safety representatives
    * your workers' ideas about the most effective way to consult.
You should work out methods that:
    * meet your duty to consult
    * ensure all workers can participate in consultation including any shift workers or mobile workers
    * will best integrate with the way your business manages health and safety.
Consideration should be given to how management normally communicates with the workers.
You may not need to establish separate consultation arrangements if there are regular discussions between managers or supervisors and the workers, for example weekly team meetings. This may be the case in a small business with few workers where there are direct discussions as part of everyday work.
In organisations where it may not be reasonably practicable to consult each worker individually, health and safety representatives or committees may be more appropriate. Some workplaces
may need a mix of consultation arrangements to suit different types of workers and situations.
 For example, a business may have a number of full-time workers where structured arrangements involving health and safety representatives and committees may be suitable. On occasions the business may also engage contractors or on-hire workers to carry out specific tasks, where arrangements such as 'toolbox talks' (short discussions on specific health and safety topics relevant to the task) may be the most practical way to consult with them.

When unexpected matters arise, there may not be time to plan consultation, so consideration should be given to whether the issue can be addressed through one of the regular communication channels, or if there is a need to do something different like hold a one-off meeting.
See Appendix A for examples of consultation arrangements for different types of workplaces.

4.2        Agreeing on consultation procedures
The WHS Act does not require a person conducting a business or undertaking to reach agreement with their workers on how consultation will occur, but doing so will help to make the consultation more effective.
Section 47(2): If a person conducting a business or undertaking and the workers have agreed to procedures for consultation, the consultation must be undertaken according to those procedures.
Agreeing on procedures for consultation with workers can save time and confusion about how and when consultation must occur. The agreed consultation procedures should clarify key responsibilities of people in the workplace and clearly state when consultation is necessary.
Before consultation procedures can be agreed, you must genuinely consult about the proposed procedures