Consultation is an essential component of workplace health and safety and can help more effective organisational culture and performance. It helps create ‘buy in’ for your workforce along with a culture of transparency and trust. Engaging in effective consultation, contributes toward keeping workers safe and can create benefits for employees, employers, the entire organisation and ultimately your bottom line.
Consultation is not just good practice. It’s a legal requirement under the Work Health and Safety Act 2011 (NSW). Persons conducting a business or undertaking (PCBUs) must, so far as reasonably practicable, consult with workers who are, or are likely to be, directly affected by matters relating to work health and safety.
When you must consult
Situations where the PCBU is required to consult include when:
- Identifying hazards and assessing risks
- Making decisions about ways to eliminate or minimise risks
- Making decisions about the adequacy of facilities for the welfare of workers
- Proposing changes that may affect the health and safety of workers
- Setting procedures for consultation, issue resolution, monitoring worker health and workplace conditions, and providing information and training.
What effective consultation looks like
Consultation should be genuine and timely. This could include sharing relevant information, giving workers a reasonable opportunity to raise issues and contribute to decisions, taking their views into account, and advising them of outcomes. If workers are represented by a health and safety representative (HSR), involve the HSR.
Psychosocial hazards: a regulatory priority
NSW has a Code of Practice: Managing psychosocial hazards at work. From 1 October 2022, NSW also introduced explicit provisions in the NSW WHS Regulation on managing psychosocial hazards. Examples of hazards include high job demands, bullying, poor support and exposure to traumatic events. Consultation with workers is central to identifying, controlling and reviewing these risks.
Benefits of doing it well
Workers are often best placed to identify psychosocial risks early and suggest practical, context specific controls. They can also offer new ideas or perspectives that may not have been considered. Embedding consultation into everyday practice helps prevent harm and supports psychological health and safety across the workforce.
Join the conversation at the WHS Show
To explore this topic further, SafeWork NSW will host a dedicated panel session at the upcoming Work Health and Safety Show.
Panel Session: More than just compliance | Why WHS consultation matters
Date: Wednesday 22 October Time: 9:30 – 10:10am Location: Knowledge Bank stage
This 40-minute session will unpack the legal foundations of WHS consultation, provide practical strategies for implementation, and highlight its role in managing psychosocial hazards.
Attendees will gain insights into how consultation can prevent avoidable incidents and support safer, more connected workplaces.
See Workplace Health & Safety Full Agenda Here
Resources available
Consulting Your Workers About Psychosocial Hazards Guide: Includes a consultation checklist and step-by-step guidance for engaging workers.
Conversation Guide with Workers: Offers practical prompts to support open, constructive dialogue about psychosocial risks.
Explore more resources on SafeWork NSW’s website.
