Part 4 of the OHS Act 2004 deals with the ‘duty of employers to
consult’. The OHS Regulations 2007 also has a section in Part 2 about
‘How to involve HSRs in consultation.’ There are also 2 handbook guides
produced by Worksafe Victoria that provide both employers and employees
with guidance on how to consult on OHS issues.
An employer must consult on the following:
- Identifying/ assessing hazards and risks in the workplace.
- Making decisions about the measures to be taken to control OHS risks in the workplace.
- Making decisions about the adequacy of facilities for the welfare of employees.
- Making decisions about the following:
- resolving OHS issues at a workplace under an employers control
- consulting with employees if the employer
- monitoring the health of employees of the employer and the conditions of the workplace
- providing information and training to employees of the employer.
- Determining the membership of any health and safety committee
- Proposing changes, that may affect the health or safety of employees of the employer to:
- a workplace under the employers management and control
- the plant, substances or other things used at such a workplace
- the conduct of the work performed at such a workplace.
They also must consult when the regulations identify the need for consultation.