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Why Consultation Isn’t Just a Legal Requirement
- 2 days ago
- 3 min read
Consultation is often seen as a compliance checkbox. Something we have to do to tick off the WHS Act obligations and keep the regulator happy.
But when done well? It’s a powerful tool to uncover risk, boost engagement, and build safer, more productive workplaces.
What Is Consultation?
Consultation means talking with your workers—and giving them a real opportunity to contribute to decisions that affect their health, safety and welfare. It’s not about telling them what’s happening. It’s about involving them in the process.
Under section 47 of the Work Health and Safety Act 2011, you must consult workers so far as is reasonably practicable when:
identifying hazards and assessing risks
making decisions about how to eliminate or control risks
developing procedures for resolving health and safety issues
monitoring health and conditions in the workplace
proposing changes that may affect health and safety.
And if you engage contractors, volunteers, labour hire workers or other PCBUs? You need to coordinate consultation across those duty holders too.
Why Consultation Matters
Have you ever seen a risk assessment completed behind a desk that misses the mark entirely? Or a new control introduced that doesn’t actually work in practice?
This is what happens when we don’t consult properly.
Workers are the ones doing the job. They work alongside the hazards, feel the pressure, and often have the best insights into what’s really going on. Proper consultation brings those insights to the table—before decisions are made, not after.
Benefits of Genuine Consultation:
Better risk decisions – informed by those who understand the day-to-day reality
Improved compliance – shared ownership of safety responsibilities
Stronger safety culture – workers feel heard, valued, and respected
Early warning signs – you’ll hear about near misses and safety concerns before they become serious
Consultation Is a Two-Way Street
Telling workers “here’s what we’re doing” doesn’t cut it. Consultation must be:
Timely – before decisions are made
Genuine – you must consider their views, not just collect them
Inclusive – involving all affected parties, including contractors
Documented – to show how input was sought and considered
It can be as simple as a toolbox talk, a pre-start meeting, a safety committee, or even one-on-one chats with the team. The method doesn’t matter as much as the quality of the engagement.
But What Can’t We Consult On?
There are some decisions that sit outside your team’s influence—particularly when it comes to legal and regulatory compliance.
For example, you don’t need to consult on whether to comply with a new WHS regulation or enforce a legally mandated change.
That’s non-negotiable.
But here’s the important distinction—while we can’t consult on the "should we do it?", we absolutely can (and should) consult on the "how do we do it?"
When a new regulation is introduced—say, around psychosocial hazards, silica management, or licensing requirements—your people still need to be involved in:
Planning how the changes are implemented
Identifying practical impacts on current work practices
Discussing training or support they may need
Raising concerns early so adjustments can be made
This creates a smoother rollout, greater buy-in, and fewer compliance headaches.
Remember: just because the decision is out of your hands doesn’t mean the execution should be done in isolation.
Consultation in Practice: What It Looks Like
Let’s break it down:
You’re planning to install a new machine. Consult the operators before purchase. Will it create new pinch points? Will the controls be within reach?
You're rewriting your SWMS or risk register. Involve the people who actually do the work. What hazards have they seen? What controls have worked—or failed?
You’re updating your mental health policy. Ask your team what would actually help them. Is it flexible work? Access to external counselling? More support for leaders?
It’s not about asking permission. It’s about asking perspective.
What Happens When You Don’t Consult?
Failure to consult is a breach of your duties—and it can have consequences. Beyond fines and enforcement, poor consultation leads to:
Misaligned controls that don’t work in real-world settings
Resistance to change or new initiatives
Missed hazards and near misses
Erosion of trust and psychological safety
In high-risk environments, lack of consultation has been a contributing factor in serious incidents and fatalities. It’s not just a “nice to have”—it’s a critical safeguard.
Because at the end of the day, why consultation isn’t just a legal requirement is simple—when we do it well, it becomes the foundation for safer, smarter, and more successful workplaces.
Before You Make Your Next Safety Decision…
Ask yourself:
Have I spoken to the people most affected by this?
Have I given them a chance to raise concerns or suggest improvements?
Have I actually listened?
And if you’re not sure where to start—that’s OK. We can help.
Do you have a safety committee in place? This form of consultation is perfect (if set up correctly with a representative in place for each work group).
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