Failure to consult results in worker injury

9 October 2025

WorkSafe ACT would like to remind everyone that consultation is a mandatory part of complying with WHS legislation.

WorkSafe ACT was notified of a workplace incident where a worker sustained a back injury while manually handling heavy boxes during a last-minute office relocation. The move was organised without consulting the Health and Safety Representative (HSR) or the affected team. No manual handling risk assessment was conducted, and appropriate equipment (e.g. trolleys or lifting aids) was not provided.

The PCBU failed to engage in consultation before making changes to the work environment, which directly impacted the health and safety of workers. As a result, the PCBU was issued an improvement notice.

This incident serves as a timely reminder that under the WHS Act consultation is a legal requirement. Persons Conducting a Business or Undertaking (PCBUs) must consult with workers on matters that directly affect their health and safety, including:

  • Identifying hazards and assessing risks
  • Making changes to facilities, equipment, or procedures
  • Developing or reviewing WHS policies and procedures

Consultation must be genuine and timely, giving workers a reasonable opportunity to express their views, contribute to decision-making, and be informed of outcomes.

What does good consultation look like?

Consultation within the workplace is required to be carried out so far as is reasonably practicable. This involves a few key steps:

  • Sharing relevant information with workers such as identified hazards and associated risks. Informing of proposed changes and updates to controls and policies.
  • Providing genuine opportunity for workers to contribute. Ensuring they understand the information provided and can raise concerns, suggest alternatives or provide improvements.
  • Actively consider worker input and document communications relating to the views of workers and their influence on final decisions.
  • Advising workers of outcomes and any final decisions made, including the reasons behind the decision and any actions that will be taken as a result.
  • Where possible, using formal representation such as Health and Safety Committees (HSCs) or Health and Safety Representatives (HSRs).
  • Reviewing existing controls and actively seeking input from workers, staff, and other stakeholders is a vital component of the consultation process. It ensures that safety measures are practical, effective, and informed by those with firsthand experience of the work environment.

Consultation roles

PCBU’s are required to carry out consultation within their workplace using the above actionable steps. They can ensure consultation mechanisms are in place (HSRs and HSCs), as well as ensure governance of consultation processes and outcomes.

Managers and supervisors can ensure consultation is embedded in planning and decision-making processes. They can encourage open dialogue, follow up on all feedback, model good consultation and create a safe space for safety concerns to be raised.

Workers can speak up and report safety concerns and participate in consultation opportunities. They can become involved in and support HSC and HSR selection, as well as stay up to date and informed on WHS practices within the workplace.

HSRs and HSCs are required to represent the work group and facilitate communication between workers and management. They can also investigate complaints, develop and monitor safety policies and promote continuous improvements.

Non-compliance

Failure to consult with workers on WHS matters so far as is reasonably practicable is a breach of duty under WHS legislation. The consequences can be serious, and can result in:

  • Increased risk of incidents
  • Reduced reporting of incidents
  • Legal penalties for PCBUs
  • Reduced trust and workplace morale
  • Issued notices of improvement

Consultation, use of HSRs and HSCs is a priority for WorkSafe ACT. The inspectors and investigators are diligently ensuring that consultation requirements are being met within workplaces around the ACT via proactive and reactive workplace visits.

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