Consulting Workers on Safety: What Queensland Employers Must Do

Consulting workers about workplace health and safety is a legal requirement in Queensland.

Under the Work Health and Safety Act 2011 (Qld), a person conducting a business or undertaking (PCBU) must, so far as is reasonably practicable, consult with workers who carry out work for the business and are, or are likely to be, directly affected by a health and safety matter.

This obligation applies to businesses of all sizes.

Importantly, consultation involves more than informing workers about decisions that have already been made.

Workers must have a reasonable opportunity to contribute to decisions affecting their health and safety.

Who Must Be Consulted?

Queensland WHS legislation requires businesses to consult with workers who are, or are likely to be, directly affected by relevant health and safety matters.

Depending on the circumstances, this may include:

• Employees.
• Contractors and subcontractors.
• Labour-hire workers.
• Apprentices and trainees.
• Volunteers.
• Other persons carrying out work for the business.

Businesses also have duties to consult, cooperate and coordinate activities with other duty holders who share responsibilities for the same WHS matters, so far as reasonably practicable.

For example, a principal contractor and subcontractors working on the same construction site may need to coordinate risk controls, traffic arrangements and emergency procedures.

When Must Workers Be Consulted?

Section 49 of the Work Health and Safety Act 2011 identifies circumstances in which consultation is required.

These include when a business is:

• Identifying hazards and assessing workplace risks.
• Making decisions about eliminating or minimising risks.
• Making decisions about the adequacy of worker welfare facilities.
• Proposing changes that may affect workers' health or safety.
• Making decisions about procedures for consultation, issue resolution, monitoring workplace conditions and providing information and training.

Consultation should occur while decisions are being considered, rather than only after changes have been implemented.

What Does Genuine Worker Consultation Look Like?

Under section 48 of the WHS Act, effective consultation requires businesses to:

1. Share relevant information with workers.
2. Give workers a reasonable opportunity to express their views and raise health and safety issues.
3. Give workers a reasonable opportunity to contribute to decisions.
4. Take workers' views into account.
5. Advise workers of the outcomes of consultation in a timely manner.

Consultation does not necessarily mean every worker must agree with a decision.

However, their views must be genuinely considered.

Why Toolbox Talks Alone May Not Be Enough

Toolbox talks and pre-start meetings can be effective consultation methods.

However, simply delivering a toolbox talk and asking workers to sign an attendance sheet does not automatically demonstrate that meaningful consultation occurred.

For example, a supervisor may present a new Safe Work Method Statement and ask workers to sign it without giving them an opportunity to identify hazards or suggest changes.

Although attendance has been recorded, the process may not demonstrate genuine consultation.

A more effective approach involves discussing the proposed work method, asking workers to identify practical risks, considering their feedback and explaining the final decisions.

Practical Example: Introducing New Machinery

Consider a manufacturing business introducing a new piece of machinery.

Before implementation, management should consult workers who will operate, clean or maintain the equipment.

Workers may identify:

• Restricted access around the machine.
• Potential crush or entanglement hazards.
• Difficulties accessing emergency stops.
• Manual handling risks.
• Maintenance and isolation concerns.
• Training requirements.

These matters can then be considered during the plant risk assessment and development of operating procedures.

Consulting workers early may identify hazards that would otherwise be overlooked.

Health and Safety Representatives and Committees

Queensland WHS legislation provides mechanisms for workers to be represented in workplace health and safety matters.

Health and Safety Representatives

Workers may request the election of a health and safety representative (HSR) for their work group.

The legislation establishes processes for determining work groups, conducting elections and recognising representatives.

PCBUs also have obligations concerning HSR information, including maintaining and displaying relevant lists and providing required information to the regulator.

Where an HSR represents workers affected by a WHS matter, consultation must involve that representative.

Health and Safety Committees

Health and safety committees provide a formal mechanism for cooperation between workers and management.

Under section 75 of the WHS Act, a PCBU must establish a health and safety committee within two months after a valid request from an HSR or five or more workers, or where required by the regulator.

Businesses may also establish committees voluntarily.

The arrangements should reflect the size, structure and operational needs of the business.

How Can Businesses Demonstrate Consultation?

Queensland WHS legislation does not require every consultation discussion to be recorded in a particular form.

However, maintaining appropriate records can help demonstrate that consultation occurred and support ongoing management of workplace safety matters.

Useful evidence may include:

• Toolbox talk and pre-start meeting records.
• WHS meeting minutes.
• Worker consultation forms.
• Risk assessments showing worker participation.
• Hazard reports and worker feedback.
• Records of proposed operational changes.
• Consultation registers.
• Corrective action records.
• Communications explaining decisions and outcomes.

The level of documentation should be proportionate to the nature of the matter and the risks involved.

The focus should be on demonstrating genuine participation, not simply collecting signatures.

Common Worker Consultation Failures

Some common weaknesses in workplace consultation arrangements include:

• Making safety decisions without involving affected workers.
• Introducing new equipment or work processes without consultation.
• Treating toolbox talks as one-way instructions.
• Failing to involve relevant contractors and labour-hire workers.
• Not providing feedback about issues raised.
• Having consultation procedures that are documented but not implemented.
• Failing to involve an elected HSR where required.

These issues may affect both legislative compliance and the practical effectiveness of workplace risk controls.

How Can Overwatch Safety Solutions Help?

Overwatch Safety Solutions assists Queensland businesses in developing practical consultation arrangements that align with their WHS obligations.

Our services can include:

• Reviews of existing worker consultation processes.
• WHS compliance audits and workplace inspections.
• Development of consultation and communication procedures.
• Toolbox talk templates, meeting records and consultation forms.
• Assistance with worker participation in hazard identification and risk assessments.
• Advice on health and safety representative and committee arrangements.
• Corrective action plans addressing consultation deficiencies.
• Ongoing WHS advisory support through contracted safety services.

Our focus is on establishing consultation arrangements that work in everyday operations, rather than creating unnecessary paperwork.

We help businesses develop processes suited to their workforce, activities and level of risk.

Frequently Asked Questions

Sources: Work Health and Safety Act 2011 (Qld), sections 46 to 49 and relevant provisions of Part 5; Work health and safety consultation, co-operation and co-ordination Code of Practice 2021.

Last reviewed: October 2026.