PCBUs have a duty to consult workers

5 February 2025

A safe workplace is more easily achieved when everyone involved in the workplace communicates with each other to identify both physical and psychosocial hazards and risks, ultimately working together to find solutions.

Under the WHS Act, PCBUs have a duty to consult 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 earlier the consultation with workers and the identification of risks, the more options become available to eliminate or minimise risks and reduce any associated costs.

It’s not just best practice; it’s also the law.

The duty to consult is based on the recognition that worker input and participation improves decision-making about health and safety matters and assists in reducing work-related injuries and disease. Workers are entitled to take part in consultations and to be represented in consultations by a Health and Safety Representative (HSR) who has been elected to represent their work group.

PCBUs are required to ensure that a list of HSRs and deputy HSRs (if any) for each work group of workers is prepared and kept up to date and displayed in a manner that is readily accessible to workers in the relevant work group or work groups. A copy of the up-to-date list to must also be provided to WorkSafe ACT as soon as practicable after it is prepared.

WorkSafe ACT is currently upgrading its case management system to make it easier for PCBUs to provide details of their HSRs and deputy HSRs with changes expected to go live in the first quarter of this year,

WorkSafe ACT has created a range of resources to support HSRs in undertaking their role and to enhance their capability to address health and safety matters. Visit our website for further information: Health and safety representatives and committees - WorkSafe ACT

For further information on consultation requirements see the Consultation, Cooperation and Coordination Code of Practice 2023.