Engaging with workers
When do the new WHS laws come into effect?
WA’s Work Health and Safety legislation is not expected to come into force until January 2022. This means that the current occupational, mines safety and petroleum safety legislation still applies.
Download an overview to the new WHS laws
The Overview of Western Australia’s Work Health and Safety Act 2020 provides information on the new WHS laws that come into effect in 2022.
This information is designed to help WA organisations and their associated workforces (including volunteers) prepare for the new Work Health and Safety laws. More information will be added as it becomes available.
While PCBUs are responsible for making decisions regarding health and safety, they don’t always have a full understanding of the finer detail or subtleties of the work or working conditions. To help improve this understanding, it is important that PCBUs engage in consultation with their workers.
Consultation is a collaborative process between PCBUs and their workers. It involves sharing information about work health and safety and ensuring that views of workers are taken into account when making decisions about health and safety at the workplace.
Given the importance of consultation in contributing to work health and safety, the WHS Act prescribes a general duty to consult.
Consultation with workers
PCBUs must, so far as reasonably practicable, consult with workers who are likely to be directly affected by health and safety matters. This includes giving workers a reasonable opportunity to express their views or raise issues about work health and safety at the workplace.
If there is an agreed consultation procedure then the consultation must be in accordance with those procedures.
If a health and safety representative (HSR) represents workers, the consultation must involve the HSR.
When must a PCBU consult with workers?
A PCBU must consult with workers and take their views into account when:
- identifying hazards and assessing risks arising from work
- proposing changes that may affect the health and safety of workers
- whenever specifically required to do so under particular regulations
and when considering making decisions about:
- ways to eliminate or minimise risks
- the adequacy of facilities for workers’ welfare at work
- procedures for consulting with workers
- procedures for resolving health and safety issues
- procedures for monitoring the health of workers or workplace conditions
- how to provide health and safety information and training to workers.
The views of workers must be taken into account when consulting under these provisions but there is no requirement for agreement to be reached.
Workers who have been consulted under these provisions must be advised of the outcome in a timely manner. There is no particular way this advice must be given — for example, it could be given at a ‘toolbox’ meeting or posted as an intranet news item.
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