Document ID: chunk:federal_register_of_legislation:F2024L01380:reg:1:p7
Version: federal_register_of_legislation:F2024L01380
Segment Type: reg
Provision Reference: reg 1 (pt 7/8)
Character Range: 24718–27649

to computers, while others allow workers to raise sensitive issues anonymously, or to provide detail and context.

CALD and Aboriginal and Torres Strait Islander workers may need, or benefit from, different forms of consultation. For example, providing materials and conducting consultation in workers' preferred language(s) and using culturally appropriate people and messages.

You may need to use multiple methods of consultation for psychosocial hazards. The form and methods of consultation must be decided in consultation with workers.

As a PCBU you must consult with workers when:

    -          identifying hazards and assessing risks to health and safety 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 at the workplace; monitoring health of your workers; monitoring the conditions at the workplace under your management or control and providing information and training for your workers.

However, it may be useful to also consult workers about matters not listed above.
Regular consultation is better than consulting only as issues arise on a case-by-case basis, or as a reaction to a particular event, because it allows you to identify and fix potential problems early. Further guidance is available in the Code of Practice: Work health and safety consultation, cooperation and coordination.

Consulting, cooperating and coordinating activities with other duty holders

More than one person can have the same WHS duty at the same time. The WHS Act requires that where more than one person has a duty for the same matter, each person retains responsibility to meet their duty in relation to the matter and must do so to the extent to which they can influence and control the matter.

Duty holders cannot transfer their duty to another person or contract out their health and safety duties. Duty holders can make arrangements or agreements with other duty holders to assist with meeting their duties.

Duty holders must consult, cooperate and coordinate activities with all other persons who have a WHS duty in relation to the same matter, so far as is reasonably practicable. Where you share a duty (e.g. you share a workplace or are involved in the same activity), each duty holder should:

    -          exchange information
    -          find out who is doing what about their respective WHS obligations, and
    -          work together in a cooperative and coordinated way so risks are eliminated or minimised.

Consulting, cooperating and coordinating with other duty holders can help you more easily and effectively control