What are the legislative requirements for consultation?
Basic requirements Consultation must take place on all work health and safety matters including: undertaking risk management activities. proposing changes that may affect the health and safety of workers. making decisions about any work health and safety procedures.
What are the requirements for WHS consultations?
Consultation is required when identifying hazards, assessing risks and deciding on measures to eliminate or minimise those risks. In deciding how to eliminate or minimise risks, you must consult with your workers who will be affected by this decision, either directly or through their health and safety representative.
Is consultation a legal requirement?
Consultation involves you not only giving information to your employees but also listening to them and taking account of what they say before making any health and safety decisions. The law does not state when you must consult, or for how long, but does say it must be ‘in good time’.
What are the methods of consultation?
There are four consultation options: full public, targeted, confidential and post-decision. Full public consultation is the appropriate level for all proposals unless there are compelling reasons for limiting consultation (such as market sensitivity).
What is the name of the code of practice that provides detailed information about consultation?
This Code of Practice on how to meet the requirements for consultation, cooperation and coordination on work health and safety matters is an approved code of practice under section 274 of the Work Health and Safety Act (the WHS Act).
What are the 4 main forms of the consultative process?
There are four consultation options: full public, targeted, confidential and post-decision.
In what circumstances a consultation duty arises?
When an employer proposes to make 20 or more employees redundant in any given establishment within a 90-day period, they are then under an obligation to consult with those employees collectively.
Can I be made redundant without consultation?
If you do not consult employees in a redundancy situation, any redundancies you make will almost certainly be unfair and you could be taken to an employment tribunal. You must follow ‘collective consultation’ rules if you’re making 20 or more employees redundant within any 90-day period at a single establishment.
What are the codes of practice and consultation?
Our codes of practice provide detailed information on how you can achieve the standards required under the work health and safety (WHS) laws. For consultation, refer to the consultation, coordination and cooperation code of practice.
What is a code of practice in health and safety?
Codes of practice A code of practice provides detailed information on specific work tasks to help you achieve the standards required under the work health and safety (WHS) laws. These do not replace the WHS laws, but codes of practice can help make understanding what you have to do a little easier.
What is an Approved Code of practice?
An approved code of practice is a practical guide to achieving the standards of health, safety and welfare required under work health and safety laws. Who do they apply to? A code of practice applies to anyone who has a duty of care in the circumstances described in the code.
Do codes of practice replace WHS laws?
These do not replace the WHS laws, but codes of practice can be issued to help make understanding what you have to do a little easier. An inspector can refer to a code of practice when issuing an improvement or prohibition notice. Under the Work Health and Safety Act 2011, codes of practice are admissible in court proceedings.