Legislation around communication and consultation with workers 

Did you know that the law requires businesses across Australia to consult with their workers on health and safety matters? And that failure to follow through on key issues raised in these discussions can result in serious consequences?

Why Communication and Consultation Matter

Clear communication and regular consultation are essential for maintaining a safe, compliant, and productive workplace. The Harmonised WHS Legislation requires businesses to engage with workers on matters affecting their health and safety. This includes identifying risks, discussing control measures, and ensuring corrective actions are implemented. 

However, many businesses make the mistake of holding meetings or toolbox talks without following up on the issues raised, leaving potential safety risks unresolved. Without taking action, both the workers’ safety and the business’s operations are at risk. 

What the law requires:

under the Harmonised WHS Legislation, businesses must:

Consult with Workers: on health and safety issues, including risk identification and control measures. .

Provide workers with a chance to express their views: and take them into account when making decisions. 

Document consultations: and follow-up actions to ensure accountability and demonstrate compliance.

Failure to comply with these requirements can result in safety risks, legal penalties, and damaged workplace trust. 

The Pitfall: Issues Raised but Not Addressed 

A common issue we see in workplaces is that discussions about safety often don’t lead to meaningful action. This can happen because: 

• Management doesn’t prioritise the issue or sees it as less urgent. 
• Action items get forgotten due to poor documentation. 
• There is no formal system for tracking corrective actions. 

Without follow-through, workers may feel ignored, leading to disengagement and unsafe working conditions. 

The Power of Proper Documentation:

Documentation is key to ensuring that your consultations are productive and compliant with the law. Under the WHS Legislation, businesses are required to record: 

• The discussions held during consultations. 
• The corrective actions agreed upon. 
• The progress made on those actions. 

This not only ensures accountability but also helps demonstrate compliance in case of an inspection or investigation. Proper documentation shows that the business takes safety seriously and is actively working to improve conditions. 

How We Can Help You 

At Risk Management Essentials, we understand the importance of effective consultation and documentation. Here’s how we can assist your business: 

Facilitating consultations: We’ll help you conduct meaningful, inclusive discussions with your team. 

Tracking actions: We can help set up a system to track and follow up on safety concerns. 

Documentation: We’ll assist in establishing a system to document meetings and actions, ensuring you meet compliance requirements. 

Compliance support: Our team can guide you in navigating the WHS Legislation and OH&S Acts to avoid common pitfalls.