1. Introduction 1.1. Who has duties in relation to work health and safety consultation, cooperation and coordination? Duty holders who have a role in either consultation, cooperation or coordination include: − − −
persons conducting a business or undertaking (PCBUs) designers, manufacturers, importers, suppliers and installers of plant, substances or structures, and officers.
Workers and other persons at the workplace also have duties under the WHS Act, such as the duty to take reasonable care for their own health and safety at the workplace. A person can have more than one duty and more than one person can have the same duty at the same time. Early consultation and identification of risks can allow for more options to eliminate or minimise risks and reduce the associated costs.
Person conducting a business or undertaking PCBUs have a duty to consult workers about work health and safety and may also have duties to consult, cooperate and coordinate with other duty holders.
Consulting workers WHS Act section 47 Duty to consult workers A PCBU 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. This 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. The broad definition of a ‘worker’ under the WHS Act means a PCBU must consult with employees and anyone else who carries out work for the business or undertaking. A PCBU must consult, so far as is reasonably practicable, with contractors and subcontractors and their employees, on-hire workers, outworkers, apprentices, trainees, work experience students, volunteers and other people who are working for the PCBU and who are, or are likely to be, directly affected by a health and safety matter. Workers are entitled to take part in consultations and to be represented in consultations by a health and safety representative who has been elected to represent their work group.
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