Sections 46–49: WHS Duty to Consult

Regulatory citation: Work Health and Safety Act 2011 (model law), Sections 46–49

What Is the WHS Duty to Consult?

Part 5 of the Work Health and Safety Act 2011 requires PCBUs to consult on health and safety matters. Section 46 requires duty holders who share responsibility for the same matter to consult, cooperate and coordinate with each other. Sections 47 to 49 require PCBUs to consult, so far as is reasonably practicable, with workers who are, or are likely to be, directly affected by a health and safety matter.

Why Consultation Matters

Workers often know the hazards of a task better than anyone. Consultation makes use of that knowledge, leads to better decisions and builds support for control measures. It is a legal duty, not an optional extra.

Core Obligations

1. Consult, Cooperate and Coordinate With Other Duty Holders (Section 46)

Where more than one person has a duty in relation to the same matter, such as a principal contractor and subcontractors, each must, so far as is reasonably practicable, consult, cooperate and coordinate activities with the others.

2. Consult With Workers (Section 47)

PCBUs must consult, so far as is reasonably practicable, with workers who carry out work for the business and who are, or are likely to be, directly affected by a health and safety matter. If workers are represented by a health and safety representative (HSR), the consultation must involve that representative.

3. Make Consultation Genuine (Section 48)

Consultation requires that relevant information is shared with workers, that workers have a reasonable opportunity to express their views, raise issues and contribute to decision-making, that their views are taken into account, and that workers are advised of the outcome in a timely way.

4. Consult at the Right Times (Section 49)

Consultation is required when:

• Identifying hazards and assessing risks
• Making decisions about ways to eliminate or minimize risks
• Making decisions about the adequacy of facilities for worker welfare
• Proposing changes that may affect health or safety
• Making decisions about procedures for consultation, resolving issues, monitoring health and conditions, and providing information and training
• Carrying out any other activity prescribed by the regulations

Common Compliance Approaches

Agreed Consultation Arrangements

Document how consultation happens, such as through HSRs, a health and safety committee, toolbox talks or team meetings, and agree those arrangements with workers.

Consult Before Decisions Are Final

Consultation must happen while workers' views can still influence the outcome. Presenting a finished decision is not consultation.

Record and Report Back

Keep records of consultation and tell workers what was decided and why, including when their suggestions were not adopted.

Coordinate on Shared Sites

On multi-contractor sites, use coordination meetings, shared risk registers and clear agreements about who manages which risks.

Example: Consultation in Practice

A food manufacturer plans to speed up a packaging line. Before finalizing the change, the operations manager meets the line workers and their HSR, shares the proposed layout and speeds, and asks for input. Workers raise concerns about reaching and repetitive lifting at the new speed. The company adds a height-adjustable platform and job rotation, then reports back to the team on the final design before the change goes live.

Note: This summary is based on the model WHS laws published by Safe Work Australia. Most states and territories have adopted them with minor variations, while Victoria has its own OHS laws. Always check the legislation and codes of practice that apply in your jurisdiction.

Frequently Asked Questions

Does consultation mean workers must agree?

No. Consultation means genuinely seeking and considering workers' views before making a decision. The PCBU still makes the final decision, but it must share information, give workers a real opportunity to contribute, take their views into account and tell them the outcome.

Who must be consulted?

PCBUs must consult workers who are, or are likely to be, directly affected by a health and safety matter. This includes employees, contractors, labor hire workers and others who do work for the business. Where there are HSRs, they must be involved. Other duty holders who share responsibility for the same matter must also consult and coordinate with each other.

What is the difference between consultation and communication?

Communication is sharing information. Consultation is a two-way process where workers can ask questions, raise concerns and influence decisions before they are made. Emailing a new procedure to staff is communication. Meeting with affected workers to review a draft procedure and adjusting it based on their feedback is consultation.