Consulting. It’s one of those words that seems to have a bad rap these days. Politicians use it to appease voters. The business community can sometimes over-use it, or use it in the wrong way. It is often used to refer to two-way communication; a question and a response, agreement to a proposal … or sending out an email about a new policy, with “any questions?” thrown in at the end as an afterthought.
But it’s much more than that. Consulting is inviting involvement and participation in a decision making process, the outcome of which will affect all involved. It’s a discussion, a conversation and sometimes even a debate. In an ideal world, consulting results in the fairest and best outcome practicable for all parties.
In the world of workplace safety, consulting can mean the difference between a safe workplace… and a preventable incident that could cost you your business.
It’s also the law; so if you’re not doing it, you are not meeting your obligations as a PCBU. Moreover, you are likely to be putting your business at risk of legal action if an incident occurs.
But don’t worry, ensuring you meet legal requirements needn’t be a headache.
Let’s start by looking at the relevant legislation.
What the law says
The workplace Health and Safety Act Section 47 states the following.
“A person conducting a business or undertaking must consult, so far as is reasonably practicable, with workers who carry out work for the business or undertaking and who are (or are likely to be) directly affected by a health and safety matter “
The requirement that you include your workers in the decisions made regarding health and safety identifies the importance of input from all levels of the business or undertaking into the way the risks are identified and controlled.”
Here, the term ‘worker’ describes your employees and anyone else that engages in work for the business or undertaking. It is also the responsibility of the PCBU to – as far as practicable –consult with the following:
- contractors and sub-contractors and their employees
- on-hire workers
- volunteers
- all other people who are working for you and who are directly affected by health and safety matters
At a glance: questions and answers on consulting
Here are some common questions asked regarding consulting with your employees.
1 Do I have to have a health and safety committee?
No — only if five or more workers request it or the HSR
2 Am I required to have a health and safety representatives under the new legislation?
Yes — if one of your workers request it.
3 Are health and safety committees required by the new legislation?
Yes — if five or more workers request it or the HSR
4 Do I have to have a health and safety representative?
No — only if one of your workers request it, then they are elected by a your work force.
5 Do we have to have secret ballots for health and safety committees and representatives?
Election will need to be held in a manner agreed to by the PCBU and the workers
6 We have a small workplace can we agreed on an alternative consultation mechanism?
Yes
7 How long does the role of a committee last for
No maximum terms exist for committees
8 Can the health and safety representative issue improvement notices and stop work
Yes —if they have received the required training
9 How long does the role of a HSR last for?
Maximum of three years
10 What rules are there about PCBU/worker representation?
A minimum of 50% of the committee members must be workers who are not nominated by the PCBU
11 Are unions allowed to be involved in election of HSRs
Yes — if requested by your workers
12 Are unions allowed to be involved in election of committees?
Yes — if requested by your workers
Source of Information: Workplace Health and Safety Act Part 5
Conversations about safety: the surprising benefits of a consultative culture
As well as ensuring you meet legal requirements as a PCBU, involving your employees also has many other benefits. In the process of engaging in conversations about safety, employees can often come up with suggestions to improve workflow as well as minimise or eliminate risks.
Inclusion in the creation of safety processes and policies also means less time in explaining and “selling” new protocols to staff, and less friction once they are introduced!
Getting started: making sure you have consulting covered
If you want to know how to quickly and seamlessly introduce effective consulting practices into your workplace in an affordable way that fits with your day-to-day operations, contact an aware365 consultant today.
You will soon be on your way to a constructive, positive consulting culture.
