WHS: Consultation is a must (not an option)
Queensland Teachers' Journal, Vol 125 No 2, 20 March 2020, page no.20
Quality consultation is at the heart of an effective and strong health, safety and wellbeing culture. It is also the law.
The Work Health and Safety Act 2011 (Queensland) requires that the person conducting the business or undertaking (PCBU) consults, cooperates and coordinates activities with others.
The Queensland Code of Practice: Work health and safety consultation, co-operation and co-ordination (2011) states: “Consultation is a legal requirement and an essential part of managing health and safety risks. A safe workplace is more easily achieved when everyone involved in the work communicates with each other to identify hazards and risks, talks about any health and safety concerns and works together to find solutions. This includes cooperation between the people who manage or control the work and those who carry out the work or who are affected by the work.”
Consultation requires worker input, because worker participation improves decision-making and assists in reducing work-related injuries and disease.
Section 46 of the WHS Act 2011 states: “If more than one person has a duty in relation to the same matter, each person with the duty must, so far as is reasonably practicable, consult, co-operate and co-ordinate activities with all other persons who have a duty in relation to the same matter.”
The code of practice mentioned above also states that the PCBU has health and safety duties if they:
- engage workers to undertake work for them, or if they direct or influence work carried out by workers
- may put other people at risk from the conduct of their business or undertaking
- manage or control the workplace or fixtures, fitting or plant at the workplace
- design, manufacture, import or supply plant, substances or structures for use at a workplace
- install, construct or commission plant or structures at a workplace.”
Clearly, as intended, the legal duty is broad. For example, it means that in a public/private partnership arrangement over school buildings, duty holders from both the public sector and the private sector are expected to consult, cooperate and co-ordinate with each other and with workers to ensure a safe workplace for everyone, including students and visitors.
Since 1 July 2018, Queensland duty holders have been required to comply with the approved code of practice or “follow another method, such as a technical or an industry standard, if it provides an equivalent or higher standard of work health and safety to the standard required in the code”. That is, the guide has the legislative weight of the act itself.
There are mechanisms within the act that assist the PCBU to consult, cooperate and coordinate activities through the appointment of a work health and safety officer (referred to as an advisor by the department), the encouragement of the election of a health and safety representative (HSR) for a work group, and through the establishment and functioning of a health and safety committee.
Many schools have health and safety committees in place and would also have a health and safety officer (or advisor) appointed by the principal. As the workplace “must give workers who are, or are likely to be, directly affected by a matter relating to health and safety, a reasonable opportunity to express their view or raise issues”, the department supports the election of HSRs. Both the department and the QTU can provide advice in relation to facilitating the election of an HSR. Where an HSR is elected, consultation in relation to health and safety matters must involve them.
It is important to understand what constitutes a health and safety matter. Some are obvious, such as establishing out-of-bounds areas for students or the length of breaks during the day. Matters that are often not consulted on but should be (from a health, safety and wellbeing perspective) are changes to work practices, for example starting a new moderation process or redesigning and/or refurbishing a staffroom or teaching space.
The certified agreement (www.qtu.asn.au/teachers-ca2019) makes clear commitments to health, safety and wellbeing based on a culture of respect, and aligns with the DoE’s duties under the act.